My (ex) were legally married (registry) on the 19th of March 2011 (Southwest, Ibadan) and then afterwards had our nikkah on the 26th of same month and same year (Zaria, Kaduna). 13 years down the line, he took a second wife on the 22nd of November 2024 (nikkah in Kano) after he claimed I denied him peace and was frustrating him. We have 4 kids (3 boys, 1 girl). Before his second marriage, we were already experiencing a financial decline to the point where we had to sell our car to pay fees in September, he got married in November. Meanwhile, I had been managing an autoimmune disease since June, 2024, I was on my sick bed when he left me to go get married. After his second marriage and our finances became worse, he accused my mother and I of being the ones responsible and that we attacked him spiritually because we were unhappy he took another wife hence we blocked his sources of income. He sold this story to his family and according to him his mother asked him to divorce and take the kids away from me. This he did by pronouncing divorce to me twice under the sharia law because he claimed he can't refuse his mother because he wants to make heaven. I left with my kids because he refused to renew the rent of the house we were living in. Even before the divorce, he wasn't paying school fees (they were out of achool the whole of 1st term 2025) and barely drops anything on the table for feeding - i was taking care of that full time. He moved out and moved in with his second wife - they have a daughter and he's taking care of them but not us. I'm a civil servant with the federal government while he runs his own business - hustling. All I want is for him to pay fees, accommodation and feeding for the kids. Kindly advice please on what to do. Depending on the advice, maybe I'll need a legal rep. Thanks
Avukat Yanıtları
Eagle Law House
Feb 5, 2026
Feb 5, 2026
1. Your Marriage Status
You were:
- Legally married under the Marriage Act (registry marriage) on 19 March 2011 in Ibadan, AND
- Subsequently had an Islamic nikah.
Under Nigerian law, the statutory (registry) marriage takes priority.
What this means:
- A marriage under the Marriage Act is monogamous.
- He had no legal right to marry a second wife while that marriage subsists.
- His second "marriage" under Islamic law has no legal effect under statutory marriage law.
- Any divorce under Sharia law alone does NOT dissolve a statutory marriage.
Legally speaking, you are STILL his wife until a court dissolves the marriage.
2. The "Divorce" He Pronounced Is NOT Valid (Legally)
Even if he pronounced divorce twice under Sharia:
- That does not end a statutory marriage as Only the High Court can dissolve a Marriage Act marriage.
- So, You are not legally divorced and he cannot abandon responsibilities on the basis of that pronouncement.
- His mother's instruction has no legal standing.
3. His Obligations to the Children (Very Clear in Law)
Under Nigerian law (Child Rights Act & Matrimonial Causes Act):
- A father is legally bound to provide for his children, including:
- School fees
- Accommodation
- Feeding
- Medical care
- General welfare
This obligation:
- Does NOT depend on his income level
- Does NOT end because he remarried
- Does NOT depend on whether you are working
- Does NOT depend on his relationship with you
The fact that:
- He is caring for the second wife and child, while your children were out of school for an entire term, is something courts take very seriously.
4. His Conduct Is Legally Unacceptable
From what you described, the following are strong legal points in your favour:
- Abandonment of wife and children
- Failure to pay school fees
- Failure to provide feeding
- Refusal to renew rent knowing you were ill
- Emotional and financial cruelty
- Discriminatory care (second family vs first family)
Accusing you and your mother of "spiritual attacks" is irrelevant in law and will not be entertained by any court.
5. What You Should Do NOW
1: Engage a Lawyer
2: Demand for Child Maintenance that includes:
- Accommodation
- Feeding
- Medical care
- General welfare
You can seek:
- Monthly maintenance for the children
- Payment of outstanding and future school fees
- Accommodation/rent
- Medical expenses
Courts often order specific amounts or direct payment to schools/landlords.
3: File for Judicial Separation / Divorce to be eligible to remarry legally, if you desire and this does not stop him from paying maintenance of his children until they are 18 years.
Should you require more guide, you can reach out to us at Eagle Law House.
You were:
- Legally married under the Marriage Act (registry marriage) on 19 March 2011 in Ibadan, AND
- Subsequently had an Islamic nikah.
Under Nigerian law, the statutory (registry) marriage takes priority.
What this means:
- A marriage under the Marriage Act is monogamous.
- He had no legal right to marry a second wife while that marriage subsists.
- His second "marriage" under Islamic law has no legal effect under statutory marriage law.
- Any divorce under Sharia law alone does NOT dissolve a statutory marriage.
Legally speaking, you are STILL his wife until a court dissolves the marriage.
2. The "Divorce" He Pronounced Is NOT Valid (Legally)
Even if he pronounced divorce twice under Sharia:
- That does not end a statutory marriage as Only the High Court can dissolve a Marriage Act marriage.
- So, You are not legally divorced and he cannot abandon responsibilities on the basis of that pronouncement.
- His mother's instruction has no legal standing.
3. His Obligations to the Children (Very Clear in Law)
Under Nigerian law (Child Rights Act & Matrimonial Causes Act):
- A father is legally bound to provide for his children, including:
- School fees
- Accommodation
- Feeding
- Medical care
- General welfare
This obligation:
- Does NOT depend on his income level
- Does NOT end because he remarried
- Does NOT depend on whether you are working
- Does NOT depend on his relationship with you
The fact that:
- He is caring for the second wife and child, while your children were out of school for an entire term, is something courts take very seriously.
4. His Conduct Is Legally Unacceptable
From what you described, the following are strong legal points in your favour:
- Abandonment of wife and children
- Failure to pay school fees
- Failure to provide feeding
- Refusal to renew rent knowing you were ill
- Emotional and financial cruelty
- Discriminatory care (second family vs first family)
Accusing you and your mother of "spiritual attacks" is irrelevant in law and will not be entertained by any court.
5. What You Should Do NOW
1: Engage a Lawyer
2: Demand for Child Maintenance that includes:
- Accommodation
- Feeding
- Medical care
- General welfare
You can seek:
- Monthly maintenance for the children
- Payment of outstanding and future school fees
- Accommodation/rent
- Medical expenses
Courts often order specific amounts or direct payment to schools/landlords.
3: File for Judicial Separation / Divorce to be eligible to remarry legally, if you desire and this does not stop him from paying maintenance of his children until they are 18 years.
Should you require more guide, you can reach out to us at Eagle Law House.
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