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Browse our 29 legal questions about Divorce & Separation in Nigeria and the lawyer answers, or ask your own questions for free.
Divorce and separation in Ojodu, Nigeria, like the rest of the country, is governed by the Matrimonial Causes Act. The Act sets out only one ground for divorce, which is that the marriage has broken down irretrievably. This can be demonstrated by reasons such as adultery, intolerable behavior, desertion, separation for a certain period, among others. The process is usually complex and often requires the help of a specialist divorce and family lawyer.
Divorce and separation issues are typically complex and emotionally charged. Lawyers are important in not only providing legal advice but also representing your interests during negotiations or in court if the matter becomes contentious. They can also help with drafting separation agreements, addressing financial issues, custody, and visitation rights.
Under Nigerian law, divorces are granted by the High Court of each state or of the Federal Capital Territory. However, the customary or Islamic law courts can also grant divorces, provided they are within their jurisdiction. Nigerian law does not recognize no-fault divorces; there must be demonstrated proof of wrongdoing. Division of assets, spousal support (maintenance) and child custody are other matters that are involved in divorce proceedings and can vary depending on the specific circumstances of each case.
Yes, you can. Regardless of whether your marriage was celebrated under statutory, customary or Islamic law, you can always apply for divorce if you can prove that the marriage has irretrievably broken down.
The length of the divorce process in Nigeria can be variable, averaging between 6 months to 2 years, depending on the complexity of the case and the court's schedule. Some cases have even been known to last for several years.
In Nigeria, division of matrimonial assets is not automatic. It is usually determined based on whether the property was jointly owned or whether one party can establish a beneficial interest.
Child custody is considered by keeping the best interest of the child in mind. Courts will consider factors such as the child's age, gender, emotional ties, and the earning capacity of the parents among others.
Under certain circumstances, yes. Spousal support, or maintenance as it's often referred to in Nigeria, is granted based on various factors including the means, earning capacity, conduct, and the needs of each party. It is always advisable to consult with a lawyer on this.
The Nigeria Bar Association (NBA) is a crucial resource for those seeking legal advice on divorce and separation. Various NGOs in Nigeria also provide support services to individuals, particularly women, going through a divorce or separation. Websites of various Nigerian law firms can also offer valuable insights.
If you are considering a divorce or separation in Ojodu, Nigeria, it is advisable to consult a lawyer who is well-versed in family law. Gather all necessary documents, establish your goals for custody, financial matters, and property division. Use any additional resources to equip yourself with knowledge and remember to always keep your lawyer updated with accurate information. This progress can be painful but with proper guidance, you can navigate this course more smoothly.
