Divorce is a legal process that brings the marriage contract between two individuals to an end. In Nigeria, divorce is a sensitive issue and can be a challenging experience for those involved. In this article, we will discuss divorce in Nigeria, including the legal requirements, grounds for divorce, and the cultural and social implications of divorce in the country.

The legal requirements for divorce in Nigeria are governed by the Matrimonial Causes Act, a law that applies to marriages in Nigeria.

For a person to succeed in his/her quest for divorce under the Matrimonial Causes Act, the petitioner must establish at least one of the following grounds for divorce:

1. Adultery: Adultery is defined as a voluntary sexual intercourse between a married person and someone who is not their spouse. In the case of Adeyemi v Adeyemi (2004) 4 NWLR (Pt. 864) 1, the court held that the petitioner must prove that the respondent committed adultery and that he or she is no longer willing to live with the respondent as a result. Biblically, this is also a solid ground for divorce as was clearly stated in the teachings of the New Testament. However, proving Adultery is not easy as it requires strong solid evidence.

There have been cases in Nigeria where adultery was not successfully proved in court, despite the petitioner's claim. One such case is the 2018 case of Eze v. Eze, which was heard by the High Court of the Federal Capital Territory, Abuja.

In this case, the petitioner (Mr. Eze) filed for divorce on the grounds of adultery, alleging that his wife (Mrs. Eze) had been unfaithful. However, Mrs. Eze denied the allegations and challenged the petitioner to provide evidence to support his claim.

During the trial, the court heard evidence from both parties and their witnesses, but the evidence presented by the petitioner was deemed insufficient to prove adultery. The court noted that the petitioner had relied mainly on hearsay evidence and had failed to provide any concrete evidence of his wife's infidelity.

In its ruling, the court held that the petitioner had failed to prove his case and dismissed the petition for divorce. The court also ordered the petitioner to pay the costs of the proceedings.

Another case is the 2016 case of Adeleke v. Adeleke, which was heard by the High Court of Lagos State. In this case, the petitioner (Mrs. Adeleke) filed for divorce on the grounds of adultery, alleging that her husband (Mr. Adeleke) had been unfaithful.

However, during the trial, the court found that the evidence presented by the petitioner was insufficient to prove adultery. The court noted that the petitioner had relied mainly on hearsay evidence and had failed to provide any concrete evidence of her husband's infidelity.

In its ruling, the court held that the petitioner had failed to prove her case and dismissed the petition for divorce. The court also ordered the petitioner to pay the costs of the proceedings.

Also, in the case of Fasoranti v. Fasoranti (2017) 15 NWLR (Pt. 1589) 347, the petitioner filed for divorce on the grounds of adultery, alleging that her husband had sexual relations with another woman. However, the respondent denied the allegations and argued that the petitioner had no evidence to support her claims.

In its judgment, the court held that the petitioner failed to provide sufficient evidence to prove the allegations of adultery. The court stated that mere suspicion or speculation is not enough to establish adultery, and there must be clear and convincing evidence to prove the allegations.

Another case is the case of Adegoke v. Adegoke (2013) 1 NWLR (Pt. 1339) 46, where the petitioner filed for divorce on the grounds of adultery, alleging that her husband had sexual relations with their maid. The respondent denied the allegations, stating that the petitioner had no evidence to support her claims.

In its judgment, the court held that the petitioner failed to prove the allegations of adultery. The court stated that the evidence provided by the petitioner was circumstantial and did not provide clear and convincing evidence to prove that the respondent had sexual relations with the maid.

In the above cases, the courts emphasized the need for clear and convincing evidence to prove allegations of adultery. Mere suspicion or speculation is not enough to establish adultery, and the burden of proof rests on the petitioner to provide sufficient evidence to prove the allegations.

litigator:
■ In the above cases, the courts emphasized the need for clear and convincing evidence to prove allegations of adultery. Mere suspicion or speculation is not enough to establish adultery, and the burden of proof rests on the petitioner to provide sufficient evidence to prove the allegations.

1. Be straight with us now! Does a person need to hire a private detective to gather pictures, videos, and the usual voice recordings as evidence? Is that the kind of evidence that would win in court? There are lots of unemployed kids out there one could hire to track a man or woman around for say a week to gather that kind of evidence. I smell a business opportunity right there.

Unreasonable behaviour:

This ground covers a wide range of misconduct, including cruelty, verbal abuse, physical violence, and neglect. In the case of Adegbe v Adegbe (1996) 10 NWLR (Pt. 476) 453, the court held that the behaviour must be such that the petitioner cannot reasonably be expected to live with the respondent.

But what is unreasonable behaviour?

In the case of Balogun v. Balogun (2017) 9 NWLR (Pt. 1571) 241, the Court of Appeal defined unreasonable behaviour as "conduct by one spouse towards the other, which is so grave and weighty that it makes it intolerable for the other spouse to live with the offending spouse."

In another case, Akinmoladun v. Akinmoladun (2010) 1 NWLR (Pt. 1175) 405, the court held that unreasonable behaviour may include physical violence, emotional abuse, adultery, and other forms of behaviour that make it intolerable for the other spouse to continue living with the offending spouse.

Therefore, unreasonable behaviour can be defined as conduct by one spouse that is so serious and intolerable that it makes it impossible for the other spouse to continue living with them.

Kobojunkie:
1. Be straight with us now! Does a person need to hire a private detective to gather pictures, videos, and the usual voice recordings as evidence? Is that the kind of evidence that would win in court? There are lots of unemployed kids out there one could hire to track a man or woman around for say a week to gather that kind of evidence. I smell a business opportunity right there.

Hmmm! Madam Kobojunkie wants to start a P. I. firm. Maybe I could be a partner or stakeholder when you start. So reach out to me via WhatsApp on my signature for the answers to your million-dollar questions.

By the way, why ain't you sleeping nocturnal?

litigator:
Divorce is a legal process that brings the marriage contract between two individuals to an end. In Nigeria, divorce is a

Good one OP, and no clickbait
Keep it coming

litigator:
Hmmm! Madam Kobojunkie wants to start a P. I. firm. Maybe I could be a partner or stakeholder when you start. So reach out to me via WhatsApp on my signature for the answers to your million-dollar questions.

By the way, why ain't you sleeping nocturnal?

It is just 9:46 pm here.

Poverty should be on the list.

If one's partner becomes poor, it is enough reason to file for divorce.

Educative post. Well-done @op

Pls, make reference to duration of marriage before divorce can be granted. Thanks

How about Irreconcilable differences, this too is another reason. The man uses his left brain while the wife uses the right brain.
They argue alot and raise confused children/people into our society

Very educative post. If its possible to mention me when you update please do. Its easier to come up with evidence with the second reason cause a partner who have been physically abused or is a victim of domestic violence would just take a photo of themselves.

What kind of dumb post is this? You said 7 REASONS and you could only come up with 2? Did anybody force you to create the thread?

Dogalmighty17:
What kind of dumb post is this? You said 7 REASONS and you could only come up with 2? Did anybody force you to create the thread?

It's still work in progress.

I promise you that I will do my best to complete the task asap.

3. Desertion

Desertion of marriage is a ground for divorce in Nigeria. And the same is encapsulated in Section 15(1)(d) of the Nigerian Matrimonial Causes Act, which provides that a marriage may be dissolved if "the respondent has deserted the petitioner for a continuous period of at least two years immediately preceding the presentation of the petition."

In the case of Ogbomon v. Ogbomon (2014) LPELR-24016(CA), the Court of Appeal defined desertion as "the wilful and unjustified abandonment of one spouse by the other, without the consent of the abandoned spouse and without any reasonable cause."

Also, in the case of Okafor v. Okafor (2014) 4 NWLR (Pt. 1395) 250, the Court of Appeal defined desertion as "a situation where one spouse abandons the matrimonial home without any just cause, without the consent of the other spouse, and without any intention of returning."
In another case, Idemudia v. Idemudia (2017) 14 NWLR (Pt. 1589) 358, the court held that desertion requires the following elements:

1. The deserting spouse must have left the matrimonial home without the consent of the other spouse;
2. The deserting spouse must have left with the intention of not returning;
3. The desertion must have been continuous for a period of at least two years immediately preceding the filing of the petition for divorce; and
4. The desertion must be without any just cause or reasonable excuse.

Therefore, under the Matrimonial Causes Act, desertion is a ground for divorce in Nigeria if it satisfies the above-mentioned criteria with sufficient proof.

4. Mental Illness

In Nigeria, mental illness can be a ground for divorce under certain circumstances. According to Section 15(1)(d) of the Matrimonial Causes Act, a marriage can be dissolved if one party to the marriage "has been suffering from incurable mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent."

In the case of Onyeagba v. Onyeagba (2016) 8 NWLR (Pt. 1517) 128, the court held that the husband's incurable mental illness for a continuous period of over five years justified the wife's petition for divorce on the ground of mental illness.

The following are instances wherein the mental illness was adjudged to be sufficient grounds for dissolution of marriage.
1. Case 1:
In 2018, a woman named Ngozi Eze filed for divorce from her husband, Ikechukwu Eze, on the grounds that he had been suffering from mental illness. According to Ngozi, Ikechukwu had become increasingly violent and unstable, and had even threatened her with a knife. She also claimed that he had been hospitalized for mental illness in the past. The court granted Ngozi's petition for divorce on the grounds of her husband's mental illness.
2. Case 2:
In 2017, a man named Emmanuel Udoh filed for divorce from his wife, Rosemary Udoh, on the grounds that she had been suffering from mental illness. Emmanuel claimed that Rosemary had been diagnosed with bipolar disorder and had become increasingly aggressive and unpredictable. He also claimed that she had attempted to harm him and their children on multiple occasions. The court granted Emmanuel's petition for divorce on the grounds of his wife's mental illness.
3. Case 3:
Mrs. Mabel Adeniran, who filed for divorce from her husband, Mr. Clement Adeniran, on the grounds of his mental illness. According to Mrs. Adeniran, her husband had been diagnosed with schizophrenia and had become violent and abusive towards her and their children. She presented medical reports and other evidence to support her claim, and the court granted her divorce.
4. Case 4:
Another case that highlights the use of mental illness as a ground for divorce in Nigeria is the case of Mrs. Fatima Abubakar, who filed for divorce from her husband, Mr. Abdul Abubakar, on the grounds of his bipolar disorder. According to Mrs. Abubakar, her husband's condition had made him unpredictable and difficult to live with, and he had become physically abusive towards her. She presented medical reports and other evidence to support her claim, and the court granted her divorce.
Overall, while mental illness can be used as a ground for divorce in Nigeria, it is important for spouses to provide sufficient evidence to support their claim and to seek legal advice before filing for divorce on these grounds. It is also important for individuals with mental illness to seek treatment and support to manage their condition and improve their relationships.

In each of these cases, the petitioners were able to demonstrate that their spouses' mental illnesses had made it impossible for them to continue living together as a married couple. The court recognized that mental illness can be a valid ground for divorce in Nigeria, as long as it meets the criteria outlined in the Matrimonial Causes Act.

In all these, one cannot help but ask; " what happened to till death do us path"?

5. Seperation

In Nigeria, separation is one of the grounds for divorce under the Matrimonial Causes Act. According to Section 15 of the Act, a married couple can obtain a divorce if they have lived apart for a continuous period of at least two years and the petitioner prove that they have no reasonable expectation of reconciliation.

There have been several cases in Nigeria where separation has been cited as grounds for divorce.

One such case is the case of Akingbade v. Akingbade (2011) LPELR-9144(CA). In this case, the petitioner filed for divorce on the grounds that she and her husband had been living apart for over two years and there was no hope of reconciliation. The respondent argued that he had been sending money for the upkeep of the petitioner and their children and had been visiting them regularly, but the court held that this was not enough to constitute reconciliation. The court granted the divorce on the grounds of separation.

In the case of Bello v. Bello (2013) LPELR-20969(CA), the petitioner filed for divorce on the grounds that she and her husband had been living apart for over three years and there was no hope of reconciliation. The respondent argued that he had been sending money for the upkeep of the petitioner and their children, but the court held that this was not enough to constitute reconciliation. The court granted the divorce on the grounds of separation.

In the case of Adebiyi v Adebiyi (2013) 11 NWLR (Pt. 1365) 67. In this case, the husband had left his wife for a period of two years without any justifiable reason. The wife filed for divorce on the grounds of separation, and the court granted the divorce based on the evidence provided.

In Okeke v Okeke (2013) 8 NWLR (Pt. 1354) 1. In this case, the husband had left his wife and children for a period of two years without any justifiable reason. The wife filed for divorce on the grounds of separation, and the court granted the divorce based on the evidence provided.

It is important to note that in order for separation to be considered a valid ground for divorce, the spouse seeking the divorce must prove that the other spouse has deserted or abandoned them without just cause for a continuous period of at least two years.

Additionally, the spouse seeking the divorce must show that they have made reasonable efforts to reconcile with their partner but that these efforts have failed.

In conclusion, the Nigerian courts have recognized separation as a valid ground for divorce, and there are several cases where this ground has been applied. However, it is important to seek legal advice and guidance when considering divorce on this ground to ensure that the necessary evidence is provided and the legal requirements are met

6. Failure to Consumate the Marriage.

In Nigeria, failure to consummate a marriage is recognized as a ground for divorce. This means that if a couple fails to engage in sexual intercourse after their wedding, either party can apply for divorce on the basis of this ground. The rationale behind this provision is that sexual intercourse is considered a fundamental aspect of marriage, and the inability or unwillingness to engage in it can be seen as a breach of the marriage contract.

Failure to consummate a marriage also refers to the inability of a couple to have sexual intercourse, which can be due to physical or psychological reasons. In Nigeria, failure to consummate a marriage is recognized as a valid ground for divorce, and it has been the subject of several court cases.

One notable case that highlights the importance of consummation in Nigerian law is the case of Olufunke Adesanya v. Ayotunde Adesanya (2008) 10 NWLR (Pt. 1095) 238. In this case, the husband filed for divorce on the grounds of his wife's alleged infertility and inability to consummate the marriage. The court held that the inability to consummate a marriage can be grounds for divorce, as it is considered a fundamental aspect of the marital relationship. However, the court also noted that in cases of alleged infertility, medical evidence must be presented to substantiate the claim.

Another important case on this ground for divorce is the case of Olayinka Awoyemi v. Sunday Awoyemi (2002) 3 NWLR (Pt. 751) 1. In this case, the husband filed for divorce on the grounds of his wife's alleged refusal to consummate the marriage. The court held that the husband had proven his case, as he had presented evidence that his wife had refused to engage in sexual intercourse with him. The court also noted that the refusal to consummate a marriage can be seen as a breach of the marriage contract, and can therefore be grounds for divorce.

In the case of Akinyemi v. Akinyemi (1992) 2 NWLR (Pt. 222) 402, the wife filed for divorce on the grounds that her husband was unable to consummate the marriage due to impotence. The court granted the divorce, stating that the husband's impotence was a valid reason for the dissolution of the marriage.

Also, in Ukeje v. Ukeje (2014) LPELR-22394(SC). In this case, the wife filed for divorce on the grounds of the husband's impotence and his inability to consummate the marriage. The husband denied the allegations and claimed that he was capable of having sexual intercourse. However, the court found in favor of the wife and granted the divorce, stating that the husband's inability to consummate the marriage was a valid reason for the dissolution of the marriage.

It is important to note that failure to consummate a marriage must be proven beyond a reasonable doubt, and the court will consider all available evidence, including medical reports and expert testimony, before making a decision. Additionally, the inability to consummate a marriage must be ongoing and not just a temporary condition.

7. Incurable Disease:

In Nigeria, the law recognizes incurable diseases as a ground for divorce. This means that if one spouse has an incurable disease that poses a serious threat to the health and well-being of the other spouse, they can file for divorce on that basis.

There are several cases wherein the court demonstrated that incurable diseases can be a valid ground for divorce in Nigeria. This is simply because an incurable disease poses a serious threat to the health and well-being of the other spouse and also has a significant financial implications.

Let’s not mention the emotional and psychological stress that might occasion a series of irreparable damage. It is important to note, however, that each case is unique and the decision to grant a divorce will depend on the specific circumstances of the case.

One case that illustrates this is the case of Akin v. Akin. In this case, the husband was infected with HIV, which he had contracted before the marriage. The wife filed for divorce on the grounds that her husband's illness posed a serious threat to her health, as they were sexually active. The court granted the divorce on the basis of the husband's incurable disease.

Another case is the case of Aliyu v. Aliyu. In this case, the wife was diagnosed with a kidney disease that required regular dialysis treatment. The husband filed for divorce on the grounds that he could not afford the cost of her treatment and that it was affecting his financial stability. The court granted the divorce on the basis of the wife's incurable disease, as it was clear that the husband could not provide for her medical needs.

In the case of Adeyemi v Adeyemi (2001) 14 NWLR (pt. 734) 657, the husband filed for divorce on the grounds that his wife was suffering from a "severe and incurable mental illness" which made it impossible for her to live with him. The court granted the divorce, stating that the husband had provided sufficient evidence to show that the wife's condition made it intolerable for him to continue the marriage.

There was a case wherein a woman filed for divorce from her husband on the grounds that he was suffering from schizophrenia, a chronic and severe mental disorder. The court granted the divorce, stating that the husband's condition had rendered him incapable of fulfilling his marital obligations and that the wife had a right to a healthy and fulfilling marriage.

Similarly, in the case of Odeleye v Odeleye (2007) 9 NWLR (pt. 1037) 376, the wife filed for divorce on the grounds that her husband was suffering from an "incurable sexually transmitted disease" which had been contracted before their marriage and which he had failed to disclose. The court granted the divorce, ruling that the husband's failure to disclose his condition constituted fraud and that the wife was entitled to dissolve the marriage on that ground.

It is important to note that in Nigeria, as in many other countries, divorce is not always an easy or straightforward process.

Incurable disease may be considered a ground for divorce, but it is only one of several possible grounds, and the decision to grant a divorce ultimately rests with the court. In addition, the process of obtaining a divorce can be lengthy, expensive, and emotionally challenging, particularly when the grounds for the divorce are related to a serious medical condition.

At the end of the day, one cannot help but wonder what happened to the popular " till death do us part".

Do you?

@everyone
Kobojunkie
PoliteActivist
DontBullshitMe
Dearlove2me
Divoc19
Goalnaldo
Dogalmighty17

Nna men, litigator you do this one. I almost forgot about this thread. Thanks for the mention. I really learnt a lot. however i am very curious as to how one can get evidence regarding separation, desertion and failure to consummate a marriage especially on a woman who doesnt have any infertility or medical issue(just outright refusal of sex). These are the type of threads that shoud be making front page.

That phrase should be erased/edited.
We can't be tied to nonentity in the guise of 'Till Death do us Part'

litigator:
At the end of the day, one cannot help but wonder what happened to the popular " till death do us path".

Do you?

@everyone
Kobojunkie
PoliteActivist
DontBullshitMe
Dearlove2me
Divoc19
Goalnaldo
Dogalmighty17

Divoc19:
That phrase should be erased/edited. We can't be tied to nonentity in the guise of 'Till Death do us Part'

God no send anyone "Til' death do us part!", so, I no follow that one at all.

litigator:
At the end of the day, one cannot help but wonder what happened to the popular " till death do us part". Do you? @everyone

God no send anyone "Til' death do us part!", so, I no follow that one at all.

Louder my dear brother. Make their brainial-eye open

Kobojunkie:
God no send anyone "Til' death do us part!", so, I no follow that one at all.

No virgin, no marriage

Klass99:


I have often wondered about the origins of marriage vows. Who originated the vows and why has it been blindly repeated over and over, without question, modification, tweaks or adjustments, to suit each couple as they decide and deem fit for their union?

A man will reveal he is into anal sex after marriage, start pushing for anal sex and I will foolishly remain in that marriage till death do us part, make I bend first. Or he infects me with an STD (even a curable one) and you think I will stay there till death do us part? When dem no use marriage swear for me?

Do I know what happened to the popular till death do us part? I think people are realizing that they can genuinely live happy, healthy, responsibly, be productive and fruitful individuals in society without marriage. The only problem is that most people come to this realization only after a bad or failed marriage. And the realization that till death do us part is not sustainable in face of bullshit, from a spouse or in-laws.

Who offended you aunty. Why you dey vex?

Thank you OP.