Divorce in Nigeria
How divorce works in Nigeria: grounds, process, custody and property. Plain-language guides from divorce lawyers in Lagos.
Start with the question you are asking
Each answer on dissolution of marriage, child custody and maintenance, and the Matrimonial Causes Act is written by a lawyer and ends with what to do next.
02
What are the grounds for divorce?
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03
How long does divorce take, and what does it cost?
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04
Can I divorce without my spouse’s consent?
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06
What happens to the matrimonial home?
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07
Customary, Islamic or statutory marriage: does it matter?
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Divorce questions, answered
General information only. Your situation may differ, so speak to a lawyer before you act.
What is the ground for divorce in Nigeria?
Under the Matrimonial Causes Act, the sole ground is that the marriage has broken down irretrievably. The petitioner must prove this by one or more of the facts the Act lists, such as adultery, unreasonable behaviour, desertion, or a period of separation.
Can I divorce within the first two years of marriage?
Generally the court’s permission is needed to file a petition this early. Speak to a lawyer about whether your circumstances qualify.
How long does a divorce take?
It depends on the court, whether the case is contested, and how quickly documents and service are completed. A lawyer can give a realistic estimate after reviewing your situation.
Who gets custody of the children?
The court’s main concern is the welfare of the child: under the Matrimonial Causes Act, the interests of the child are paramount. Custody and maintenance are decided case by case. Read our custody guide.
Does it matter whether my marriage was customary, Islamic or statutory?
Yes. The type of marriage affects where and how it can be dissolved. Statutory marriages under the Marriage Act are dissolved through the courts under the Matrimonial Causes Act, while customary and Islamic marriages follow different rules.
Is my first consultation confidential?
Yes. Conversations with a lawyer about your matter are confidential.
Play
Divorce in Nigeria: the process in 3 minutes
Prefer to watch? A lawyer walks through the steps from filing to final decree.
Case summary
Ike v. Ike & Anor (2018) LPELR-44782 (CA)
Does a missing marriage certificate take away the court’s jurisdiction?
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