Best Divorce & Separation Lawyers in Nigeria

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Ren Attorneys

Abuja, Nigeria

Free Consultation: 30 mins

Founded in 2015

5 people in their team

REN ATTORNEYS is a Law Firm that specialises in Family Law, Company Law and Immigration.Our FAMILY LAW services encompass a wide range of matters,...

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Livingspring Solicitors

Lagos, Nigeria

Founded in 2016

10 people in their team

Livingspring Solicitors is a full service Business and Debt Recovery Law Firm tailored to the needs of Private Individuals, Businesses, Corporate...

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CO-dunni Law Office

Lagos, Nigeria

Free Consultation: 15 mins

Founded in 2019

3 people in their team

We believe that each client has a specific Legal solution designed for him. Send us messages directly. Thus solving his Legal problems. Our area of...

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CASTLE OF LAW

Abuja, Nigeria

Free Consultation: 1 hour

Founded in 2001

135 people in their team

KAYODE AJULO & CO. CASTLE OF LAW, is a fully established corporate and litigation law office with established and well equipped up-to-date state...

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Anyigbo Law Firm

Onitsha, Nigeria

Founded in 2000

10 people in their team

Get To Know Us MoreAnyigbo Law Firm is a full-service firm of legal and Alternative Dispute Resolution (ADR) practitioners. As a litigation,...

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Lords & Temple

Yaba, Nigeria

Founded in 2012

50 people in their team

ABOUT USLords & Temple is a renowned global legal service provider with clients in a wide range of industries. We understand unique legal...

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Koat attorney and partners

Ibadan, Nigeria

Free Consultation: 15 mins

Founded in 2020

3 people in their team

We are a law firm located at the heart beat of the city of Ibadan, Oyo state, Nigeria. We are into Litigation, counselling, Corporate Matters...

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Egonu Chambers

Onitsha, Nigeria

Free Consultation: 30 mins

Founded in 1959

25 people in their team

Established in 1959, Egonu Chambers is a full-service commercial and dispute resolution law firm, operating out of Onitsha, Nigeria. We work...

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P.O OHIKHENA & Co

Ikeja, Nigeria

Free Consultation: 30 mins

Founded in 2021

4 people in their team

We are an impeccable and client focused law firm. We are involved in company secretarial services, act as legal advisers and consultants. Our team...

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CHIEF FEMI ODUFOWOKAN & CO

Lagos, Nigeria

Founded in 1992

50 people in their team

We Always Fight For Our Clients To Get Justice.We pride ourselves on delivering exceptional legal services to our clients. Our team of experienced...

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Nigeria Divorce & Separation Legal Questions answered by Lawyers

Browse our 11 legal questions about Divorce & Separation in Nigeria and the lawyer answers, or ask your own questions for free.

Marriage annulment: Yes. An annulment of marriage in Nigeria is a process by which a party to a statutory marriage seeks to completely nullify such a marriage based on the fact that the marriage is void or voidable in accordance with the provisions of the statutes, specifically the Marriage Act and the Matrimonial Causes Act.In the case of a void marriage, the court decree is not important to bring the marriage to an end because the parties were never husband and wife in the face of the law in the first instance. Nevertheless, in order to remove any iota of doubt, a decree that simply declares the existing fact that there has never been a marriage may be obtained in respect of a void marriage.The distinction between void and voidable Marriages was stated by Lord Green in the case of De Reneville V.De Reneville (1949) Page 100,111 (C.A.) thus:"A void marriage is one that will be regarded by every court in any case in which the existence of the marriage is in issue as never having taken place and can be so treated by both parties to it without the necessity of any Decree annulling it; A voidable marriage is one that will be regarded by every court as a valid subsisting marriage until a Decree annulling it has been pronounced by a Court of competent jurisdiction."The annulment of marriage in Nigeria may be asserted by any person but where the marriage is voidable only one of the spouses can do so because until it is annulled the marriage is valid.The principal law governing the matrimonial matters in Nigeria is the Matrimonial Causes Act, 1978 (the Act).The annulment of marriage is completely different from a divorce. Some of the distinctions between an annulment of marriage and dissolution of marriage will be briefly highlighted below:ANNULMENT Vs. DIVORCEAnnulment or nullity of marriage could be distinguished from the dissolution of marriage in that, in the case of nullity of marriage, the marriage is invalid ab initio or voidable at the instance of one party, while for the dissolution of marriage, the marriage is brought to an end because the marriage has broken down irretrievably.A petition for an annulment of void marriage can be filed at any time and that of voidable marriage can be filed one year after the marriage based on some grounds, a petition for a divorce cannot be filed when the marriage is less than two years except with the leave (permission) of the court.The petition for annulment of marriage can only be filed based on limited instances or reasons stipulated in the statutes, but the divorce petition can be filed under the extended fact of "intolerable behaviours" among other reasons.Only parties to a marriage can file for a petition for dissolution of marriage, but the petition for nullity or annulment of marriage can be filed by any interested third party whose legal interest may be affected by such a marriage.When a marriage has been annulled, the couple becomes single again as if they have never married before, but after a divorce, the couple will become divorcees.GROUNDS ON WHICH MARRIAGE MAY BE VOIDAccording to Section 3 of the Act, the grounds on which a marriage celebrated after the commencement of the Act may be void ab initio are set out as follows:EXISTING LAWFUL MARRIAGEWhere either of the parties to a marriage is at the time of the marriage lawfully married to another person such marriage will be null and void. Even where a customary law marriage precedes a statutory marriage with a different person, the marriage will still be null and void.Section 33 (1) Matrimonial Causes Act 1970 provides that:"No marriage in Nigeria shall be valid where either of the parties thereto at the time of the celebration of such marriage is married by native law or custom to any person other than the person with whom such marriage is had."The marriage under this subsection must be proved with a high degree of certainty to invalidate the marriage on the ground of a previous marriage under customary law.It is noteworthy that where parties to a subsisting customary marriage contract a subsequent statutory marriage, the marriage shall not be void.PROHIBITED DEGREES OF CONSANGUINITY OR AFFINITYWhere a marriage celebrated by parties is within prohibited degrees of consanguinity or affinity the marriage will be void.Consanguinity is a marriage contracted between parties who are related by blood, while affinity is the marriage of a man with a person to whom he is related through marriage.The prohibited degrees of marriage were dealt with in Section 3, First Schedule and Section 115(1) of the Matrimonial Causes Act 1970.Nonetheless, by Section 4 Matrimonial Causes Act 1970, in some circumstances, it may be possible for a person within the prohibited degrees of affinity to marry each other with the consent of a High Court Judge.INVALIDITY BY THE LEX LOCI CELEBRATIONIS (LAW OF THE PLACE OF CELEBRATION).An annulment of marriage in Nigeria under a void marriage can e by reason of failure with the form prescribed by the lex loci celebrationis. This provided for by Section 3 (1) (c) of the Matrimonial Causes Act 1970.By the provision Section 33(2) Matrimonial Act 1914:'A marriage shall be null and void if both partied knowingly and wilfully Acquiesce in it celebration' without compliance with some formalities prescribed by the Act".A marriage is void under this provision if it is clearly shown that both parties to the marriage had knowledge of the defect in the formalities but willfully agreed to its celebration.'For a marriage to be void under this sub-heading the following must be considered:Place of celebrationBy Section 33(2) (a) of the Matrimonial Act 1914, a marriage contracted under the Marriage Act must be celebrated in a Registrar's office or a Licence place of worship or a place prescribed in a Special Licence. Any marriage celebrated in any other place than this will be void ab initio.Celebration of Marriage under false name or namesCelebration without a Certificate or a Special LicenceMarriage not celebrated by a minister of a religion or a Registrar of marriage.A marriage under the Act must be celebrated either by a recognized minister of some religious denomination or body or by a Registrar of marriages. Failure to comply with the requirement makes the marriage void ab initio.LACK OF CONSENTWhere neither of the parties to marriage consents freely to the union, the marriage is invalidated.The following factors negate a party's consent to a marriage:I. Fraud or DuressFraud is where there is dishonest misrepresentation by a party to the marriage by which the consent of the other was obtained, while duress is when a party to the marriage is compelled to contract such marriage by creating a state of fear or apprehension, which prevented the party from freely consenting to the marriage. Where consent is proved to have been obtained by fraud or duress, the marriage is annulled not because of the presence of fraud or duress but because of the absence of consent.II. MistakeBy virtue of Section 3 (1) (d) of the Matrimonial Causes Act 1970, where the consent of a party to the marriage is not a real consent because that party is mistaken as to the identity of the other party or as to the nature of the marriage performed. The mistake of that party will make the marriage void ab initio. It is not every type of mistake that will invalidate a marriage. If a party voluntarily marries the other party thinking that the marriage is full of fortune and it turns out after marriage that the other party is a debtor, the marriage will not be declared invalid simply because of that reason. The second part of the mistake contained in Section 3 (1) (d) (ii) of the Matrimonial Causes Act 1970, is one as to the nature of the marriage ceremony performed between the parties.III. InsanityWhere the consent of one of the parties is not real because that party is mentally incapable of understanding the nature of the marriage contracted, the marriage is null and void.MARRIAGEABLE AGEUnder section 3 (1) (e) of the Matrimonial Causes Act 1970, If either of the parties is not of marriageable age the marriage is null and void. The Marriage Act of 1914 or The Matrimonial Causes Act 1970 did not prescribe any marriage age.Under the Child Rights Act and Child Rights Law of many states in Nigeria, a person up to 18 years of age is considered to be an adult and of marriageable age.VOIDABLE MARRIAGEUnlike a void marriage, which is void ab initio, voidable marriage can only become void at the instance of one of the parties to the marriage. In a voidable marriage, only the court can pronounce that the marriage is void and subsequently nullify it.While any interested party may bring a petition for a void marriage upon the death of one of the parties to the marriage, if a marriage is voidable, it cannot be questioned by any third party because the marriage was valid till the death of the other spouse and subsisting marriage. The other spouse is entitled to all the rights of a widow/widower.GROUNDS ON WHICH MARRIAGE IS VOIDABLEIncapacity to Consummate MarriageWhere either of the parties to a marriage is incapable of consummating the marriage by virtue of Section 5 (1) (a) of the Matrimonial Causes Act 1970, that is one of the parties is impotent the marriage is voidable.Impotency is different from Sterility in that the latter refers to the incapacity to procreate children while the formal is one who is incapable of having normal sexual relations. Where sexual relations are partial or imperfect there will be no consummation. The use of contraception or the practice of coitus interuptus amount to consummation as it was held in the case of Baxter V. Baxter (1948) A.C.274It is noteworthy that to make a marriage voidable the incapacity to consummate must exist both at the time of the marriage and the hearing of the Petition. Before a marriage is declared voidable on the ground of incapacity to consummate, the Court must be satisfied that the defect is not curable; that is it cannot be cured by medical treatment.Unsoundness of Mind, Mental Disorder and EpilepsyUnder section 5 (1) (b) of the Act, a marriage is voidable if at the time of its celebration one of the parties was of unsound mind or a mental defective, or subject to recurrent attacks of insanity or epilepsy.If any of this mental deficiency arose only after the marriage it will not void the marriage.The unsoundness of mind need not be absolute idiocy but could be a weakness of understanding.A spouse who is of unsound mind or mental defect is regarded by the law as being incapable of carrying on a normal marital life. The other party to the marriage is allowed to petition for the nullity of the marriage. Where a spouse is at the time of the marriage subject to recurrent attacks of insanity or epilepsy, the marriage will be voidable. The marriage will not be declared voidable at the petition of the party suffering from mental deficiency or epilepsy.Venereal DiseaseAccording to Section 5 (1) (c) of the Matrimonial Causes Act 1970, the marriage is voidable where at the time of its celebration either party was suffering from a venereal disease in a communicable form. If it cannot be shown that the party in question was suffering from the disease at the time of the marriage, the disease would not constitute a ground for nullity.The party alleging the venereal disease in communicable form may prove it in various ways including the calling of medical evidence.Pregnancy of the Wife by a Person Other Than the HusbandBy section 5 (1) (d) of the Act, where at the time the marriage was celebrated the wife was pregnant by a person other than the husband, the marriage will be voidable at the instance of the husband.By virtue of Section 35 (c) of the Act, the wife so pregnant cannot obtain a decree of nullity on the ground of her pregnancy. But where the petitioner had knowledge of the pregnancy at the time of the marriage as this would amount to an approbation of that.More so, the Court will refuse a decree where the petitioner with full knowledge of the fact and without just cause allows his right to lapse.RESTRICTIONS IN RESPECT OF THE GROUNDS IN SECTIONS 5 (B) (C) OR (D) OF THE MATRIMONIAL CAUSES ACT 1970.By virtue of Section 37 of the Matrimonial Causes Act 1970, three further restrictions are imposed on the granting of a decree of nullity in respect of marriages which are voidable by reason of insanity, venerable disease or pregnancy at the time of marriage.By virtue of Section 37 (a) of the Matrimonial Causes Act 1970, no decree of nullity can be made on any of the above grounds except the Court is satisfied that the petitioner was at the time of the marriage ignorant of the fact constituting the ground.Under Section 37 (b) of the Act, in order to obtain a decree of nullity, it must be shown that the petition was filed not later than 12 twelve months from the date of marriage.According to Section 37 (c) of the Act, for the decree of nullity to be granted, it has to be proved that marital intercourse has not taken place with the consent of the petitioner since he discovered the existence of the facts constituting the ground.EFFECT OF DECREE OF NULLITY OF VOIDABLE MARRIAGEBy section 38 of the Act, a decree of nullity of a voidable marriage shall annul the marriage from and including the date on which the decree becomes absolute.However, a decree of nullity of a voidable marriage shall not render illegitimate a child of the parties born since or legitimated during the marriage.CONCLUSIONIn conclusion, the existence of a marriage must be strictly proved in proceedings for annulment of marriage in Nigeria.More so, the decree for annulment of marriage under Nigerian law can only be granted to any petitioner who can establish any of the grounds for void or voidable marriage stipulated in the Act.For further enquiry, You may visit our Profile.
What are the basis for divorce?: It's not a problem. The court can dissolve the marriage based on irreconcilable differences. However, there are certain grounds the court would look at before dissolving the marriage. Also, there are questions I would need to ask in order to help us understand the issues and how to go forward with the divorce.
Divorce: Good day,It depends on the circumstances involved. The court will look at facts before it to determine the suitable spouse to have custody.The cost for filing and hiring will be determined by the attorney.We can talk further by visiting our profile and sending us a message

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About Divorce & Separation Law in Nigeria

Divorce & Separation in Nigeria are governed by various laws depending on the type of marriage, whether under statutory (Marriage Act) or customary law. The legal process for divorce can be complex and involve issues such as child custody, division of property, and financial support.

Why You May Need a Lawyer

You may need a lawyer for divorce & separation in Nigeria if you are facing a contested divorce, have issues regarding child custody or support, or need assistance in navigating the legal system. A lawyer can provide legal advice, represent you in court, and help ensure your rights are protected during the divorce process.

Local Laws Overview

Key aspects of local laws relevant to Divorce & Separation in Nigeria include the Matrimonial Causes Act, which governs divorce for marriages under statutory law, and customary law principles for marriages under customary law. The courts have the authority to grant divorces, determine child custody, and divide marital property in accordance with the law.

Frequently Asked Questions

Q: How long does it take to get a divorce in Nigeria?

A: The time it takes to get a divorce in Nigeria can vary depending on the complexity of the case and whether it is contested or uncontested. On average, the process can take several months to a year.

Q: What are the grounds for divorce in Nigeria?

A: The grounds for divorce in Nigeria include adultery, cruelty, desertion for at least one year, and incurable insanity.

Q: How is child custody determined in Nigeria?

A: Child custody in Nigeria is determined based on the best interests of the child. The courts consider factors such as the child's age, health, and relationship with each parent when making custody decisions.

Q: Can I get spousal support after a divorce in Nigeria?

A: Spousal support, also known as maintenance, can be awarded by the court based on factors such as the financial needs of the spouse seeking support, the ability of the other spouse to pay, and the length of the marriage.

Q: Do I need a lawyer for a divorce in Nigeria?

A: While it is not mandatory to have a lawyer for a divorce in Nigeria, having legal representation can help ensure your rights are protected and that the legal process is followed correctly.

Q: Can I get a divorce under customary law in Nigeria?

A: Yes, marriages under customary law can be dissolved through the customary court or through the process of arbitration and mediation in accordance with customary law principles.

Q: Can I remarry after getting a divorce in Nigeria?

A: Yes, once a divorce is finalized in Nigeria, you are free to remarry according to the provisions of the law.

Q: How is marital property divided in a divorce in Nigeria?

A: Marital property in Nigeria is typically divided equitably between the spouses, taking into account factors such as the contributions of each spouse to the marriage and the needs of the parties after the divorce.

Q: What are the legal steps involved in getting a divorce in Nigeria?

A: The legal steps for getting a divorce in Nigeria include filing a petition for divorce, serving the other party, attending court hearings, and obtaining a final judgment of divorce from the court.

Q: Can I get a divorce if my spouse is living abroad?

A: Yes, you can still get a divorce in Nigeria even if your spouse is living abroad. However, there may be additional steps involved in serving the divorce documents to your spouse.

Additional Resources

For additional resources and information on Divorce & Separation in Nigeria, you can contact the Nigerian Bar Association, the Ministry of Justice, or legal aid organizations in your area for assistance.

Next Steps

If you are considering a divorce or separation in Nigeria and are in need of legal advice, it is recommended to consult with a qualified family law attorney who can guide you through the legal process and protect your rights. Be sure to gather all relevant documents and information related to your marriage before seeking legal assistance.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.