THE CONCEPT OF UNCONTESTED DIVORCE IN NIGERIA

UNCONTESTED DIVORCE IN NIGERIA: A COMPREHENSIVE GUIDE

Divorce in Nigeria can be a complex process, but when both parties agree on the dissolution of their marriage, the process can be significantly streamlined through an uncontested divorce. This article outlines the procedure for obtaining an uncontested divorce in Nigeria, highlighting generally the necessary steps, requirements, and legal considerations for divorce in Nigeria.

UNDERSTANDING UNCONTESTED DIVORCE

An uncontested divorce occurs when both spouses agree on all terms related to the divorce, including child custody, property division, and financial support. This type of divorce is generally less adversarial, making it quicker and less costly than contested divorces. An uncontested divorce does not imply that the Petitioner (spouse filing the divorce) will not prove his/her case, which is the basis of the ground for the divorce, which must be strictly proved before any marriage can be dissolved. An uncontested divorce must also not be confused with a no-fault divorce, which is the simplest facts supporting ground for divorce based on the reason that both parties have lived apart for a period of three years. However, filing a divorce under the reason of living apart for two years where the other spouse does not object can also amount to an uncontested divorce, but this fact must be proved to the satisfaction of the Judge.

LEGAL FRAMEWORK

In Nigeria, divorce is governed by various laws depending on the marital system of the parties involved. The Matrimonial Causes Act is the primary legislation applicable to the dissolution of marriages, while customary and Islamic marriages are governed by their respective customary laws and Islamic principles.

STEPS TO OBTAIN AN UNCONTESTED DIVORCE

1. Consult a Lawyer:

It is essential for both parties to seek legal advice to understand their rights and obligations. A lawyer can provide guidance on the legal process, documentation required, and implications of the divorce.

2. Ground & Reasons for Divorce:

Under the Matrimonial Causes Act, there is a sole ground for divorce; this ground is supported by at least eight facts or reasons, which are as follows:

1. The respondent has willfully and persistently refused to consummate the marriage.
2. The respondent has committed adultery.
3. The Petitioner finds the behaviours of the respondent intolerable and cannot continue to live with him/her.
4. Desertion for at least one year.
5. Separation is for a period of two years, and the respondent does not object (uncontested).
6. Living apart for three years (no-fault basis).
7. Failure for at least one year to comply with a decree of restitution of conjugal right.
8. Presumption of death where the respondent has been missing for at least seven years.

3. Drafting the Divorce Petition:

The next step involves drafting a divorce petition, which includes:

• Details of the marriage (date, place, and details of the parties).
• Copy of the marriage certificate
• Facts for the divorce.
• Proposals regarding child custody, maintenance, and division of property.
• Reliefs sought by the Petitioner.

4. Filing the Petition:

o The divorce petition is filed at the appropriate High Court with jurisdiction over matrimonial causes in Nigeria.

o The filing requires the following documents:

• Notice of Petition
• The divorce petition.
• Marriage certificate (or a copy).
• Affidavit of verification confirming the facts stated in the petition.
• Any other supporting documents (e.g., financial statements if applicable).

5. Payment of Fees:

Before filing the petition, the attorney fee must be paid. It is the lawyer filing who shall be responsible for the payment of court filing fees. The fee structure may vary depending on the type of lawyer hired and the complexity of the case.

6. Service of Process:

After filing, the divorce petition must be served on the other party, along with a notice of the hearing date. This must be done through a court bailiff

7. Response from the Other Party:

The other party must respond to the petition, usually within 28 days.

8.????? Compulsory Conference:

o??? It is the compulsory conference where the concept of uncontested divorce is emanated. Under the law, where parties to a divorce have children below 18 years together or have a property together or a party is demanding settlement or maintenance, the court must order the party to explore settlement of such issues mutually, the fact that parties are able to settle this issue amicably significantly reduces the contention in the divorce. Whatever the parties agree upon mutually must be documented and signed by both parties. The Judge shall adopt this settlement agreement between parties as part of his judgement when the marriage is being dissolved.

9. Court Hearing:

• On the scheduled hearing date, both parties will appear before the Judge. The Judge will confirm that both parties agreed on the terms, including child custody and financial matters.
• The Judge may ask questions to ensure that both parties fully understand the implications of their agreement reached at the compulsory conference.

10. Decree Nisi:

• If the Judge is satisfied with the agreement and finds no grounds to deny the divorce, the Judge will issue a Decree Nisi, which is a provisional order indicating that the divorce has been concluded.
• The Decree Nisi will state that the divorce will become absolute after a specified period of 90 days.

11. Finalizing the Divorce:

• After the expiration of the Decree Nisi period, either party can apply for a Decree Absolute. This is the final order that legally dissolves the marriage.
• The application for a Decree Absolute must be made in writing, and the court will issue the final decree if no appeal has been received from either party.

Post-Divorce Considerations

1. Child Custody and Support: The arrangements made regarding child custody and support should be implemented promptly after the divorce is finalized. It is advisable to document any agreements to avoid future disputes.
2. Property Settlement: The division of property should be carried out according to the terms agreed upon during the divorce proceedings.

TIMEFRAME AND COSTS

The entire process of an uncontested divorce in Nigeria typically takes between 6 to 9 months, depending on the court's caseload and the efficiency of both parties in filing necessary documents. Costs can vary but generally include court filing fees, attorney fees (if legal representation is engaged), and any costs associated with preparing all court documents and lawyer appearance fees.

CONCLUSION

An uncontested divorce in Nigeria can be a straightforward process when both parties agree on the terms of the divorce. By following the outlined steps and seeking legal guidance, couples can navigate the legal system effectively, minimizing conflict and expediting the dissolution of their marriage. It is crucial to ensure that all agreements are documented and legally recognized to prevent future disputes.

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By Family Law Team at?Resolution Law Firm

Email:?[email protected]

Tel/WhatsApp:?+2348099223322