HOW TO GET A STRESS-FREE DIVORCE IN NIGERIA
Divorce Petition is a process I often find difficult to take up on behalf of a client, but where love goes sour, it is inevitable, especially where cruelty and violence pose imminent danger; then, parties must go their separate ways. The Matrimonial Causes Act primarily governs divorce in Nigeria, and a court cannot grant a decree of dissolution of marriage unless it is satisfied that the marriage has broken down irretrievably. The burden lies on the petitioner to prove to the court that one or more of the underlisted statutory grounds exist.
Section 15(2) (a)-(h) of the Matrimonial Causes Act
- The Respondent has continuously refused to consummate the marriage;
- The Respondent has committed adultery, and the Petitioner finds it intolerable to live with him or her.
- The Respondent has behaved in a way that the Petitioner cannot reasonably be expected to live with him or her.
- The Respondent has deserted the Petitioner for at least one year.
- The Parties have lived apart for a continuous period of two years.
- The Parties have lived apart for a continuous period of three years.
- The Respondent has failed to comply with a decree for restitution of conjugal rights.
- The Petitioner presumes that the Respondent is dead.
Divorce is often portrayed as a strenuous process filled with emotional turmoil, legal battles, and financial strain. However, with appropriate planning, open communication, and the right Legal support, it is possible to navigate it more smoothly and minimise stress. In my practice, I often advise clients to file a non-messy divorce. Most times, messy divorce follows the children of the marriage even after their parents are long divorced, as processes filed in court are public documents that can be obtained by any person, including unaffected third parties. There are many other instances where cases are reported in law reports used by lawyers in their everyday practice of law, alongside law students. Therefore, it is important to completely eliminate conflict and focus on the big issues.
These big issues are usually custody of the children of the marriage, sharing of the matrimonial properties and maintenance. In my practice, I see many women refusing to allow their partners access to the children. My advice to them is to allow them in the lives of the children, especially where their partners are willing and able to take up responsibilities. I tell them that there are many instances I see unconcerned and unperturbed fathers running away from their roles and responsibilities. Though the courts can order the father to be responsible for the children, such as payment of school fees, etc, but where they refuse to do so after the judgment, nothing happens to them. Therefore, it is important to allow a willing father.
For the sharing of matrimonial properties, it is important that parties to a marriage endeavour to ensure that their names are fully written in any properties purchased after marriage. This is because no party in a matrimonial proceeding is automatically entitled to an equal share of matrimonial property solely by virtue of marriage, without proving contribution. In Aguolu Aguolu (2025) LPELR-8026 (CA), the Court of Appeal held that “the mere existence of a marriage, even one that endured before a separation of over 22 years, does not entitle a party to an equal share of assets”. Clearly, before a party to a marriage can take part in the sharing of the matrimonial properties, he or she must show evidence of material contribution to the purchase of the properties.
Divource in Nigeria
To commence a hassle-free divorce in Nigeria, one that will be amicable and uncontested, where both parties agree on major issues like asset division, child custody, and support. This approach avoids prolonged court battles, saving time, money, and emotional energy. Here are some foundational tips to make the process less stressful:
- Open Communication
One of the main reasons divorce becomes messy is a lack of communication. When emotions run high, it is easy for small misunderstandings to spiral into major conflicts. Couples who make a conscious effort to communicate clearly about finances, custody, and expectations set a foundation for a smoother process. A divorce process becomes less complicated when both parties communicate clearly and respectfully.
- Seek Professional Legal Guidance
Engaging a skilled family law Lawyer early in the process is crucial. A lawyer can provide clarity on rights, obligations, and potential outcomes, and guide parties through mediation or court procedures where necessary. Legal advice ensures that proper decisions are made, documents are properly executed, and all statutory requirements are met. The process of obtaining a divorce in Nigeria follows a series of structured legal steps designed to ensure fairness and due process, as captured in the MCA, though obsolete.
However, parties to a marriage can avoid all these issues by contracting a prenup agreement before the commencement of their marriage. Under section 72(2) of the MCA, every prenup agreement must be fair, have a full disclosure of the assets, be entered into voluntarily, with no coercion. Below are some of the things I advise my clients when it comes to a prenup agreement;
- Before parties get married, they should discuss their reasons for entering into the marriage and the need for an agreement when love goes sour.
- Parties should assess their finances, especially those from wealthy families. These include assets, liabilities, incomes and other valuables. In fact, all relevant information should be fully disclosed during the prenup.
- None of the parties should attempt to prepare and execute a prenup agreement without proper legal guidance. Experienced family lawyers can offer appropriate advice on the legal requirements, rights and limitations involved.
- The terms of a prenup agreement must be jointly determined by both parties. I usually advise that lawyers representing each party provide the necessary legal advice on the appropriate clauses to ensure fair protection of both sides. Such clauses may include an assets and debt clause, a spousal support clause for women, and business ownership protection, among others.
It is important to say that all prenup agreements must comply with the provisions of the MCA. The agreement must include a statement from each party’s lawyer confirming that independent legal advice was provided based on the information disclosed by the parties. It must also be signed by both parties in the presence of at least two witnesses, who must also sign the document.
In addition, the prenup agreement should be reviewed and revised periodically, preferably every five years. This allows both parties to mutually update the agreement as needed to reflect any changes in their financial circumstances or personal situations.
In conclusion, divorce in Nigeria need not be a catastrophic, protracted fight among parties. With early legal guidance, open communication, and a focus on the children’s welfare, many couples can reach fair, efficient outcomes that minimise emotional and financial damage. Prenuptial and postnuptial agreements, when entered into voluntarily and with full disclosure, can further reduce uncertainty and conflict by providing a clear roadmap for asset division. Ultimately, the most hassle-free divorces are those where both parties prioritise clarity, fairness and the long-term well-being of their children involved, and seek legal guidance early in the process.
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