How to file for divorce in Nigeria
Marriage can be seen as a legal agreement between a man and a woman to become husband and wife.
Marriage is an institution supported by social and religious groups in Nigeria. It aims to foster a strong relationship between a man and a woman intending to get married.
However, if for one reason or another something goes wrong and the man or woman changes their minds, he / she can file for divorce.
Before the issue of divorce arises, a man and a woman should use all available means to try to reach a common understanding, as divorce should be seen as a last resort.
The legal meaning of divorce
Divorce can be defined as the dissolution of the marriage union, the organization and / or annulment of the legal obligations and responsibilities of the marriage, thus the dissolution of the marriage bond between a man and a woman who are married in accordance with the law of a particular state.
Filing divorce papers in Nigeria can be stressful – it affects your organization of life, finances, resources, schedules and chores. However, it is best to know more about divorce in Nigeria before applying.
It is also important to know the various dispute resolution techniques in Nigeria that may interfere with marriage issues to see if marriage can still work and divorce should only be a last resort.
However, if you need to consider divorce, there are things you need to know before starting the process.
Grounds for divorce
According to the provisions of the Law, there is only one reason why the court has the right to dissolve the marriage. That the marriage broke up irrevocably. However, in accordance with the provisions of section 15 (2) (a) – (h) of the Act, there are 8 different classes of refusals that can lead to divorce, namely:
and. When one party voluntarily and persistently refuses to have sex with the other party despite a series of requests.
b. When the plaintiff considers it unacceptable to live with the defendant after the defendant has allegedly committed adultery.
c. After marriage, the defendant behaves in such a way that the plaintiff cannot reasonably be expected to live with the defendant due to incidents such as domestic violence, drunkenness, sodomy, etc.
d. Because the defendant left or left the applicant for an uninterrupted period of at least one year immediately prior to filing the petition.
is an. That both parties were living separately for an uninterrupted period of at least two years immediately prior to the filing of the petition.
f. Both parties lived separately for an uninterrupted period of at least 3 years immediately before the petition was filed.
d. That both parties for at least one year failed to respect the restitution of marital rights made in accordance with the law.
h The fact that the other party was absent from the applicant for an extended period of time and in circumstances giving reasonable grounds to believe that the other party is dead
How to apply for divorce in Nigeria
The first step in applying for a divorce in Nigeria is getting a good lawyer with experience in family law and counseling. There are many law firms where qualified lawyers can be found. You need to find someone to represent you in court.
You must understand that the divorce process depends on the type of marriage you have. If your marriage was registered, it means that you have a marriage license from the marriage register. This type of marriage can be easily terminated by a court as it was contracted by the court.
The next step is to consider on what basis you want to file for divorce. As stated above, there are several reasons that can be used to dissolve a marriage. When you are sure that the reason for your divorce is related to one or more of the above reasons, and you have sufficient evidence, you can proceed to the next step.
Before filing your petition, there are some things you should think about that might affect the outcome of your divorce. This includes;
• Consider who will be caring for the children. You must decide if you want to take full custody of the children or if it will be divided.
• Will your partner pay child support?
• How will the property be divided?
However, with a good lawyer, the above can be easily resolved, because the lawyer should be able to provide good advice and possible solutions on these issues. After all the problems have been resolved, you can file for divorce.
At this point, the divorce process officially begins when your attorney submits a so-called petition for divorce to the High Court. The lawyer submits and prepares all the necessary documents so that your application is completed in a professional and logical manner.
Your petition will be assigned a Family Court case number as soon as it is successfully completed. Your partner will have a set number of days to respond to the petition. He is given the right to agree or not to agree to the dissolution of the marriage.
After your partner responds to the petition, the court will hear the case in open court. At this stage, witnesses (if present) will be called to corroborate the evidence presented in court.
The judge will allow divorce if he is convinced that the divorce should be allowed. The court then issues the so-called “nishi decree”, which means that the marriage must be dissolved. Then the decree on nishi will become an “absolute decree” in 3 months. This means that you are alone again.
Please note that the judge has the right to decide on liquidation, but he hides this. He also has the right to divide property between partners or transfer custody of children to any of them. It all depends on how the petition is filed.
Now that you know how to file for divorce legally, it is important to follow the procedure outlined in this article to avoid taking the laws into your own hands.
Source: – Opinions