In Nigeria, the grounds for divorce are outlined in the Matrimonial Causes Act of 1970. This act allows for both fault-based and no-fault divorces.
Fault-based divorces in Nigeria are granted on the grounds of adultery, cruelty, desertion, or insanity. Adultery is defined as sexual intercourse with someone other than one’s spouse, and must be proven through evidence such as witness testimony or photographs. Cruelty refers to physical, emotional, or mental abuse inflicted upon one spouse by the other. Desertion is defined as the abandonment of one spouse by the other for a continuous period of at least two years. Insanity refers to a mental disorder that renders one spouse unable to fulfill their marital duties or responsibilities.
No-fault divorces, also known as irretrievable breakdown of marriage, are granted when the marriage has broken down and cannot be reconciled. This can be due to a variety of reasons, including irreconcilable differences, communication breakdown, or loss of affection. In these cases, the couple must have lived separately for at least two years before a divorce can be granted.
In addition to these grounds, Nigeria also recognizes customary marriages, which are traditional marriages governed by the customs and traditions of a particular community or group. Customary marriages have their own grounds for divorce, which may differ from those outlined in the Matrimonial Causes Act.
The process for obtaining a divorce in Nigeria varies depending on the grounds and type of marriage involved. In a fault-based divorce, the spouse seeking the divorce must provide evidence to support their claim. This may involve presenting witness testimony or other forms of evidence to a court. In a no-fault divorce, the couple must submit a joint petition to the court stating that the marriage has irretrievably broken down.
Regardless of the grounds or type of marriage, the divorce process in Nigeria can be complex and time-consuming. It is advisable to seek legal counsel and assistance in navigating this process.
Overall, the grounds for divorce in Nigeria are outlined in the Matrimonial Causes Act of 1970 and include fault-based grounds such as adultery, cruelty, desertion, and insanity, as well as no-fault grounds such as irretrievable breakdown of marriage. Customary marriages may have their own grounds for divorce. The process for obtaining a divorce varies depending on the specific circumstances of the case and can be complex and time-consuming.