Question: How To File For Divorce In Nigeria?

How much does it cost to file for divorce in Nigeria?

As it stands, based on general reports from various legal sources across the country, the overall cost of filing divorce case ranges between N250,000 to N600,000 depending on the court, lawyers’ charges and occasionally, the reason for the divorce.

How long does a divorce process take in Nigeria?

DURATION OF A DIVORCE A divorce of customary marriage may be as fast as two months in customary court, especially where there are actually no contentions. But the divorce of statutory marriage in High Court might never be under six months even without any contention.

How can I divorce my Nigerian husband?

“A petition under this Act by a party to a marriage for a decree of dissolution of the marriage may be presented to the court by either party to the marriage upon the ground that the marriage has broken down irretrievably”. This provision of the Act makes irretrievable breakdown the sole ground for divorce.

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Is adultery a ground for divorce in Nigeria?

Under the matrimonial cauases act there is only one ground for divorce. The legal elements of adultery are sexual intercourse (penetration), consent and a subsisting marriage of one of the parties. Under the MCA ‘intolerability’ became a key element of adultery as a ground for divorce in Nigeria.

What does the wife get after a divorce?

Some states define alimony as “spousal support” or “maintenance.” Whichever alimony definition your state uses, alimony involves payments made by one spouse to the other. A spousal support award can be temporary while a divorce is pending, or it may be a permanent award that’s part of a divorce decree.

Can I remarry without getting a divorce?

You can not remarry without obtaining the decree of divorce from your wife, 2. Live in relationship also will be traeted as an act of adultery punishable with jail term, should your wife lodges complaint against you in this regard. u cannot re-marry without getting divorce, from first wife, by court order.

What are the 5 grounds for divorce?

Following are the 9 common legal grounds for divorce which are widely present in all current enactments on divorce law:

  • Adultery.
  • Desertion.
  • Insanity.
  • Conversion.
  • Renunciation.
  • Cruelty.
  • Venereal disease.
  • Presumption of death.

What are the top 3 reasons for divorce?

The most commonly reported major contributors to divorce were lack of commitment, infidelity, and conflict/arguing. The most common “ final straw” reasons were infidelity, domestic violence, and substance use.

What are the five stages of divorce?

The five stages of divorce follow the common five stages of grief: denial, anger, bargaining, depression, and acceptance. When a couple is going through a divorce, both people involved experience these stages at different times, in different ways.

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Is adultery a crime in Nigeria?

Adultery is a criminal offence under the Penal Code of Northern Nigeria. Section 387 and 388 stipulate imprisonment for two years, and/or with a fine for adultery. Adultery will only be a ground for divorce if the spouse finds it intolerable.

What am I entitled to if I divorce my husband?

Spousal maintenance is money paid by one spouse to their former spouse after a divorce has been finalised. It is usually paid when one divorcee does not have a means to support themselves financially outside of the marriage – a common instance is following a marriage when one person was the sole earner.

Can a man marry two wives legally in Nigeria?

Marrying multiple wives is a lot less common among educated people in Nigeria but polygamy still happens in rural areas, especially in the Muslim north. It is legal. Though the official marriage registry only allows for one wife, it also has a clause that allows for marriage under “customary” law.

Can a husband divorce his wife?

When husband and wife both agree to a divorce, the courts will consider a divorce with mutual consent. For the petition to be accepted, however, the couple should be separated for over a year or two years (as per the relevant act) and be able to prove that they have not been able to live together.

Who gets the child custody after divorce in Nigeria?

Generally most customary law systems in Nigeria, will grant absolute right of custody to the father of a legitimate child, especially if the child is above five years old.

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Is adultery a ground for divorce?

A Constitution Bench of the Supreme Court on Wednesday sought reasons as to why adultery, a consensual act, should be considered an offence. The court suggested that it could be a ground for divorce and carry civil penalties, but not a criminal offence. “ Adultery can be a ground for divorce.

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