Do you know what are the legal grounds for divorce in Nigeria?

macfranc007 October 16, 2017 Nigeria News today & Breaking news ▷ Read Nigerian newspapers 24/7 Johnson Olawale

Have you ever thought to yourself; what are the legal grounds for getting a divorce in Nigeria? How to divorce in Nigeria? These are some of the very popular searches that have increasingly come up online in recent times in Nigeria. In this article, we will be listing out the legal grounds for divorce in the country based on the family law in Nigeria.

Divorce in Nigeria used to be a secret or relatively unpopular issue because it was seen as a taboo even when the marriage was unpleasant. But in recent times, the divorce rate has increased significantly. The search for how to get a divorce in Nigeria has gone up.

In Nigeria, for anyone to be able to get a divorce, the marriage must have lasted for at least two years and has irretrievably broken down beyond repair. If the marriage is not up to two years old, a couple can get an annulment of the marriage which is totally different from divorce.

Based on the Matrimonial Causes Act of the Laws of the Federal Republic of Nigeria, the following are the legal grounds for divorce in Nigeria:

1. There has not been a consummation of marriage. This means that since the day the couple has been joined together, one of them has intentionally denied or refused the other party's sexual advances.

2. Adultery committed by either of the couple and the other cannot bear or tolerate living with the party who committed the adultery.

3. Unreasonable behaviors from the spouse in manners that can no longer be coped with. You must be able to satisfy that your spouse has committed one of the following:

I. Rape and other form of sexual perverseness since the start of the marriage.

II. Habitual drunkenness or intoxication by cannabis and other related substances for at least two years continuously.

III. A continuous habit of leaving the partner without any reason or means of support.

READ ALSO: Causes of divorce in marriage

IV. Frequent crime convictions. It means that one of the spouses has been in prison for at least a period of three years for a crime punishable by life imprisonment or death or for a duration of five years and is still in prison as at the time of the filing of the divorce.

V. Failure to pay maintenance as ordered by a court in Nigeria or as agreed by both partners.

VI. If your spouse has made an attempt on your life or unlawful actions that could lead to your death.

VII. Also, in a case of an unsound mind as of the day of filing for divorce or has been in isolation for at least six years in an institution and there are no signs of recovery.

4. If your partner has abandoned or deserted you for a period of at least one year immediately preceding the filing for divorce.

5. When the couple has lived separately continuously for at least a period of two years immediately preceding the filing of the divorce. And neither of the spouses is objecting to a divorce decree being granted.

6. When a couple has lived separately continuously for at least a period of three years immediately preceding the filing of the divorce.

7. You can get a divorce from your partner if he/she has refused to comply with a verdict of a previous court hearing or restitution of marital rights (as ordered in court) in accordance with the Matrimonial Causes Act.

8. When your partner has been away from you for a long period of time without communication and in such cases when the partner is unaccounted for and can been presumed dead.

These are the legal grounds on which you can get a divorce in Nigeria. This is just a summarised and simplified version of the Matrimonial Causes Act of the Laws of the Federal Republic of Nigeria. To get a successful divorce, you will need a good lawyer who will analyse your situation, explain all the procedures to you carefully, advise you on what’s best for you and act in your best interest.