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Adultery And Divorce In Nigeria: What The Law Says When Your Spouse Moves Out - Family - Nairaland

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Adultery And Divorce In Nigeria: What The Law Says When Your Spouse Moves Out by LawWithEbele(op): 10:45am On Apr 06, 2025
Last month, a woman came to my office heartbroken. Her husband had packed out of their matrimonial home and moved in with another woman. When she mentioned divorce, he told her, “Go ahead. Adultery is not a crime.”

That’s where many people get confused.

Yes, adultery is one of the legal grounds for divorce in Nigeria, but the court will not grant a divorce simply because adultery happened. You must also prove that living together has become intolerable as a result of the adultery. Also, you must join the person your spouse cheated with as a party to the divorce petition.

So, it’s not automatic. You can’t just file for divorce because your spouse cheated especially if your marriage is a statutory marriage. Nigerian law requires more, and many people don’t know this.

I broke it down fully in this article:
[Read: Adultery and Divorce in Nigeria https://www.elawfirm.ng/adultery-and-divorce-in-nigeria/]


If you or someone you know is considering divorce on the grounds of adultery, please understand your legal rights and steps before taking action.

What’s your view? Should adultery alone be enough reason for divorce in Nigeria? Let’s discuss.
Re: Adultery And Divorce In Nigeria: What The Law Says When Your Spouse Moves Out by muyico(m): 11:07am On Apr 06, 2025
Sharia law or constitution law?? States also gat his own constitution
Or church doctrine?
Re: Adultery And Divorce In Nigeria: What The Law Says When Your Spouse Moves Out by LawWithEbele(op): 12:37pm On Apr 06, 2025
Wow, over 70 views already! Thanks to everyone reading. Do you think adultery should always lead to divorce in Nigeria? I’d love to hear your thoughts.
Re: Adultery And Divorce In Nigeria: What The Law Says When Your Spouse Moves Out by LawWithEbele(op): 12:49pm On Apr 06, 2025
muyico:
Sharia law or constitution law?? States also gat his own constitution
Or church doctrine?
This is for statutory marriages or marriage contracted in accordance with the provisions of the Marriage Act
Re: Adultery And Divorce In Nigeria: What The Law Says When Your Spouse Moves Out by Davoneskay(m): 3:36pm On Apr 06, 2025
I don't have to worry so much on this. My lawyer will definitely explain better in case (God forbid) I find out that my wife is a cheat. Nice topic, O.P.
Re: Adultery And Divorce In Nigeria: What The Law Says When Your Spouse Moves Out by StillDtruth: 5:50pm On Apr 06, 2025
LawWithEbele:
What’s your view? Should adultery alone be enough reason for divorce in Nigeria? Let’s discuss.
Yes, adultery or any reasonably painful thing which offends a spouse is and should be a ground of divorce.

For marriage is itself grown and based on consent therefore its termination can and should be based on the removal of consent.
Re: Adultery And Divorce In Nigeria: What The Law Says When Your Spouse Moves Out by StillDtruth: 5:51pm On Apr 06, 2025
muyico:
Sharia law or constitution law?? States also gat his own constitution
Or church doctrine?
All join
Re: Adultery And Divorce In Nigeria: What The Law Says When Your Spouse Moves Out by Dogalmighty17: 6:43pm On Apr 06, 2025
Adultery is certainly a strong ground for divorce. I don't see why the law will even want to entertain resolution in that regard.
Re: Adultery And Divorce In Nigeria: What The Law Says When Your Spouse Moves Out by Kobojunkie: 7:08pm On Apr 06, 2025
LawWithEbele:
✓ If you or someone you know is considering divorce on the grounds of adultery, please understand your legal rights and steps before taking action.

What’s your view? Should adultery alone be enough reason for divorce in Nigeria? Let’s discuss.
Doesn't your writeup insist that there are a total of 8 possible grounds for divorce? Nigerian divorce laws definitely have a long way to go. lipsrsealed
Re: Adultery And Divorce In Nigeria: What The Law Says When Your Spouse Moves Out by LawWithEbele(op): 10:19pm On Apr 06, 2025
Kobojunkie:
Doesn't your writeup insist that there are a total of 8 possible grounds for divorce? Nigerian divorce laws definitely have a long way to go. lipsrsealed
Thanks for your contribution. In statutory marriages, we have only one ground for divorce - that the marriage has broken down irretrievably. However, there are eight ways through which you can prove that a marriage has broken down irretrievably. Adultery and intolerability are some of the ways you show the court that the marriage has broken down irretrievably.

I have written a blog article on the grounds for divorce. For more insight on this, kindly click on the link below

https://www.elawfirm.ng/grounds-for-divorce-in-statutory-marriages-in-nigeria/
Re: Adultery And Divorce In Nigeria: What The Law Says When Your Spouse Moves Out by Samajogs: 10:39pm On Apr 06, 2025
Davoneskay:
I don't have to worry so much on this. My lawyer will definitely explain better in case (God forbid) I find out that my wife is a cheat. Nice topic, O.P.
My brother don't go there for peace sake...it's better you don't know.
Re: Adultery And Divorce In Nigeria: What The Law Says When Your Spouse Moves Out by Davoneskay(m): 10:34am On Apr 07, 2025
Samajogs:
My brother don't go there for peace sake...it's better you don't know.
The earlier a man finds out that his wife is a cheat, the better for him. A cheating wife can kill the husband at anytime. Most women who murdered their husbands have cheating on them. They know that they have other men to rely on and as well love. I can't train up another man's child too, abeg.
Re: Adultery And Divorce In Nigeria: What The Law Says When Your Spouse Moves Out by LawWithEbele(op): 12:23pm On May 24, 2025
StillDtruth:
All join
This applies to marriages contracted by the Marriage Act statutory marriage.
1 Reply

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