Okay, by popular demand, here's the process for getting a divorce for a marriage celebrated under the Marriage Act (Church/Marriage Registry). It's been a while, so I invite my learned friends to correct me as necessary.
https://twitter.com/TexTheLaw/status/1590278045755375617
You have to demonstrate to the court that the marriage has broken down irretrievably, otherwise your divorce petition will not fly. Sure fire way to prove this is to show that you have lived apart/in separation for at least 2 years.
The person who approaches the court is the petitioner & the other spouse is the respondent.
The petitioner submits their petition to the court, stating that the marriage can't be saved and includes an affidavit providing evidence of the breakdown.
The petitioner submits their petition to the court, stating that the marriage can't be saved and includes an affidavit providing evidence of the breakdown.
This is where the allegations of unreasonable hardship, domestic abuse , etc are laid out in detail.
The respondent can either accept or counter-petition. Some counter to clear their name, others because the petitioner sef get big wahala.
The respondent can either accept or counter-petition. Some counter to clear their name, others because the petitioner sef get big wahala.
This exchange of documents/affidavits between the parties can take 4-6 months to complete. And this is just the first part, so no, no one just signs divorce papers in Naija, no matter what Nollywood thinks. But there's more...
When pleadings are settled (or even where the respondent is in full agreement with the petitioner), the judge won't just say, great, be ye divorced.
The judge is required by law in all cases to order a mandatory mediation period for parties to see if their marriage can be saved.
The judge is required by law in all cases to order a mandatory mediation period for parties to see if their marriage can be saved.
Even if both parties have been coming to court and spitting dracarys at each other, they must attend mediation prior to the divorce trial proper commencing.
Afterwards, trial is had (witnesses may be called, etc). Divorce is granted in 2 stages:
Order Nisi (semi-last card, again to give the parties room to change their minds)
Order Absolute (last card, check up, issallover, dunncry dunnbeg).
Order Nisi (semi-last card, again to give the parties room to change their minds)
Order Absolute (last card, check up, issallover, dunncry dunnbeg).
All this takes a year, at the minimum. Someone mentioned to me that theirs took 4 years.
There is no "signing of divorce papers" under Nigerian law.
There is no "signing of divorce papers" under Nigerian law.
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