Divorce in Nigeria is governed by the Matrimonial Causes Act (1970) and various customary and religious laws, depending on the type of marriage (statutory, customary, or Islamic). Some common legal issues that arise in divorce cases in Nigeria include:
1. Grounds for Divorce
Under Nigerian law, a marriage can only be dissolved if it has broken down irretrievably. Common grounds include:
- Adultery
- Desertion for at least one year
- Cruelty or domestic violence
- Lack of consummation
- Persistent refusal to have sex
- Insanity (if one spouse has been of unsound mind for at least two years)
- Irreconcilable differences
2. Custody of Children
The welfare of the child is the primary consideration. Courts typically grant custody based on:
- Best interests of the child
- Age of the child (young children often stay with the mother)
- Financial and emotional stability of the parents
3. Division of Property
Nigeria does not have an automatic 50/50 split of assets. Courts consider:
- Contributions of each spouse (financial and non-financial)
- Who acquired the property
- Agreements between the spouses
4. Maintenance & Alimony
- The court may award spousal support based on financial need and earning capacity.
- Child support is usually granted to the custodial parent.
5. Customary & Islamic Divorce Issues
- In customary marriages, family elders or chiefs may intervene before legal action.
- Under Islamic law, men can initiate divorce (Talaq), while women need judicial approval.
- Return of the bride price is often required under customary law.
6. Delay & Cost of Divorce Proceedings
- Divorce under statutory law can be expensive and time-consuming.
- Some spouses delay proceedings to frustrate the other party.
Would you like more details on any specific issue?
Author:
(c) Sun Natha-Alade & Partners - SNATHAP
Legal Practitioners & Notary Public
www.snathap.com snathaplegals@gmail.com
08064961554, 08024116857
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