In Nigeria, the legal framework for divorce process is governed by various laws, including the Marriage Act, the Matrimonial Causes Act, and the Child Rights Act. The process of obtaining a divorce in Nigeria can be complex and challenging, and may involve issues related to property division, child custody, and spousal support.
Under Nigerian law, there are several grounds for divorce, including adultery, cruelty, desertion, and irretrievable breakdown. The divorce process typically involves filing a petition in court, providing evidence to support the grounds for divorce, and negotiating a settlement agreement with the other party.
In cases involving child custody, the best interests of the child are paramount, and courts will consider factors such as the child’s age, health, and education when making custody decisions. In addition, under the Child Rights Act, children have the right to express their views in custody proceedings during the divorce process..
The most common ground for divorce in Nigeria is irreconcilable differences, also known as “irretrievable breakdown of marriage”. This refers to situations where the couple has been living apart for a period of at least two years and are no longer able to reconcile their differences.
One example of a divorce case in Nigeria that was granted on the grounds of irreconcilable differences is the case of Oluwafemi v. Oluwafemi, which was decided by the Lagos High Court in 2018. In this case, the petitioner (Mrs. Oluwafemi) filed for divorce on the grounds of irreconcilable differences, alleging that she and her husband (Mr. Oluwafemi) had been living apart for a period of two years and were no longer able to reconcile their differences.
Mrs. Oluwafemi testified that the marriage had irretrievably broken down, and that there was no prospect of reconciliation between herself and her husband. Mr. Oluwafemi did not contest the divorce, and the court granted the divorce on the grounds of irreconcilable differences.
In its judgment, the court noted that irreconcilable differences is a valid ground for divorce under Nigerian law, and that the breakdown of a marriage can have serious consequences for both parties involved
Adultery is also a common ground for divorce in Nigeria. Adultery is defined as voluntary sexual intercourse between a married person and someone who is not their spouse. Under Nigerian law, adultery is considered to be a serious breach of the marital contract and can be grounds for divorce if the aggrieved spouse can provide evidence of the adultery. However, it is important to note that the burden of proof in adultery cases can be high, and it is not uncommon for such cases to become contentious and complex. It is always advisable for individuals seeking a divorce to consult with an experienced family law attorney to understand their legal rights and options.
An example of a divorce case in Nigeria that was granted on the grounds of adultery is the case of Lasisi v. Lasisi, which was decided by the Lagos High Court in 2013. In this case, the petitioner (Mrs. Lasisi) filed a divorce process on the grounds that her husband (Mr. Lasisi) had committed adultery.
Mrs. Lasisi alleged that Mr. Lasisi had been having an affair with another woman, and presented evidence including phone records and photographs to support her claim. Mr. Lasisi denied the allegations of adultery, but the court found Mrs. Lasisi’s evidence to be credible and granted the divorce on the grounds of adultery.
In its judgment, the court noted that adultery is a serious breach of the marriage contract and can cause irreparable damage to the relationship between spouses. The court also emphasized the importance of fidelity in marriage and the need for spouses to be honest and transparent with each other.
Under section 15(f) of the Matrimonial Causes Act the parties to the marriage living apart for a continuous period of at least three years immediately preceding the presentation of the petition is grounds for divorce on the grounds of irreconcilable .differences and the other party can no longer object to the divorce.
One example of a case in which a divorce was granted on the ground of Section 15(f) of the Matrimonial Causes Act is the case of Gbadamosi v. Gbadamosi (2010) 11 NWLR (Pt. 1205) 446.
In this case, the petitioner (Mrs. Gbadamosi) filed a petition for divorce on the ground of irretrievable breakdown of marriage under Section 15(f) of the Matrimonial Causes Act. The parties had been living apart for over three years and the trial court granted the divorce, but the respondent appealed the decision, arguing that the trial court had erred in finding that the marriage had irretrievably broken down. The Court of Appeal, however, upheld the decision of the trial court, holding that the evidence on record supported the finding that the marriage had broken down irretrievably and that the requirements of Section 15(f) of the Matrimonial Causes Act had been met.
To obtain a divorce under Section 15(f) of the Matrimonial Causes Act based on three years of separation, the petitioner must satisfy the court that:
- The parties have lived apart for a continuous period of at least three years immediately preceding the presentation of the petition;
- There is no reasonable prospect of reconciliation between the parties;
- The respondent does not object to the dissolution of the marriage; and
- The petitioner has made adequate provision for the welfare of any children of the marriage, if any.
The burden of proof for the irretrievable breakdown of marriage on three years of separation rests on the petitioner. The petitioner must provide sufficient evidence to satisfy the court that the marriage has irretrievably broken down and that there is no reasonable prospect of reconciliation between the parties.
The court will consider all the evidence presented by the parties, including testimony, documents, and other relevant evidence, before making a determination on whether the requirements of Section 15(f) have been met and whether a divorce should be granted.
The burden of proof required for a divorce on the ground of irretrievable breakdown of marriage under Section 15(f) of the Matrimonial Causes Act in Nigeria is generally considered to be lower compared to other grounds of divorce.
For example, in a divorce based on adultery, the petitioner must prove that the respondent has committed adultery with another person of the opposite sex, and that the petitioner finds it intolerable to continue living with the respondent. In a divorce based on unreasonable behavior, the petitioner must prove that the respondent has behaved in such a way that the petitioner cannot reasonably be expected to continue living with the respondent.
On the other hand, in a divorce based on the ground of irretrievable breakdown of marriage under Section 15(f), the petitioner only needs to prove that the parties have lived apart for a continuous period of at least three years immediately preceding the presentation of the petition, and that there is no reasonable prospect of reconciliation between the parties.
MzAgams 