OVERVIEW OF DIVORCE PETITION IN NIGERIA

A divorce petition is a legal document that a spouse files in court to seek a divorce from the other spouse. The filing of the divorce petition in court initiates the divorce process. The primary law governing divorce in Nigeria is the Matrimonial Causes Act, Laws of the Federation of Nigeria, 2004 and Matrimonial Causes Rules.

Parties in a Divorce Petition

1.???? Petitioner: The party instituting the divorce

2.??? Respondent: The party against whom the divorce is instituted against.

3.??? Co-Respondent: This is the party who is charged with having improper relations with the Respondent. This will only be required in the case where the ground for the divorce is adultery.

Jurisdiction For Divorce

The High Court of the State or FCT is competent to hear a divorce petition for statutory marriages in Nigeria. Under the law, Nigeria is a single jurisdiction; therefore, a divorce can be filed at any High Court within Nigeria as long as the domicile of the Petitioner is Nigeria. However, it is essential and recommended that the Petition be filed within or around the state where the Petitioner or Respondent resides. For example, it would be improper for one of the parties to a marriage who is seeking a divorce and living in Lagos State to file a divorce petition in Kano State just because Nigeria is a single jurisdiction.

Contents of a Divorce Petition

1.???? Notice of Petition

2.??? The Petition for the dissolution of the marriage – it outlines basically the following:

• Ground for the dissolution of marriage, which is that the marriage has broken down irretrievably, and the facts supporting the grounds.
• The details of the marriage, birth of the Petitioner and Respondent, domicile or residence, cohabitation,
• Children, proposed arrangement for the children, maintenance and settlement of property, custody and
• Orders sought by the Petitioner

3.??? Verifying Affidavit

4.??? Certificate Relating to Reconciliation

5.??? Acknowledgement of Service

The Divorce Process

1.???? Filing of the Divorce Petition

• This divorce petition is filed at the registry of the High Court. Once the Petition has been filed, a suit number is issued, and it is subsequently assigned to a judge.

2.??? Service of the Divorce Petition

• After filing, the divorce petition is served on the Respondent personally by the Bailiff of the court, and the Respondent has within 28 days to respond to the Petition by filing an Answer or Answer and Cross-Petition.
• Where the Respondent cannot be served personally, the court can grant leave to serve the Respondent by email or pasting on the door of his address.
• Where the Respondent files an Answer or Answer and Cross-Petition, the Petitioner equally has a right to respond by filing a Reply to Answer or a Reply to Answer and Answer to Cross-Petition as the case may be.?

3.??? Court proceedings

• Once the Respondent has filed his response to the Petition, the matter would be set down for Compulsory Conference (where applicable) or for trial.

??i. Compulsory Conference (Meditation) – Where minors are involved (children below the age of 18 years) and property settlement is required, the parties must attend a compulsory conference to reach an agreement. If the parties are unable to come to an agreement, the judge will make the final decision in these cases.

???ii. Trial – At this stage, the Parties to the divorce will present evidence and witnesses may be summoned to testify if the Respondent filed an answer to the Petition. Only the Petitioner will testify in the event that the Respondent does not answer to the suit or file an answer, and the Respondent's right to testify will be waived.

4.??? Judgement/ Decree Nisi

After evaluating the facts, the judge delivers a judgment in the case. In the event that the judge determines that the marriage has broken down irretrievably, a Decree Nisi will be granted, which must be absolute after 90 days.

5.??? Decree Absolute

Where there is no objection to the Decree Nisi, the Decree Nisi becomes Absolute after 90 days, which is the final divorce certificate that dissolves the marriage.

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Finally, it is pertinent to note when filing a divorce petition in court that parties must have been married for at least two years. The exception to the rule is where the court grants leave to the party to do so in the case of exceptional hardship. ?Furthermore, the parties to the divorce must not be guilty of collusion or connivance in bringing the petition. Preparing a divorce petition and going through a divorce at the High Court are thorough procedures that require the input of experienced family lawyers.

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By Family Law Team at Resolution Law Firm

Email: [email protected]

Tel/WhatsApp: +2348099223322