₦airaland Forum

Wiseman5:
I won't be surprised if YOU are the cause of their misunderstanding.

BustyCookie:
How do you want BustyCookie to help you

Is he a judge or is he the pastor/iman that joined them

Oga carry your matter go court file divorce there

Born2conquer:
If I don’t act FAST, I might lose my sister

She made a mistake marrying this beast and I can’t keep on looking.

Please, what’s the fastest way to institute a divorce in lagos?

Amberon11:
Shut up, mumu. You can encourage your own sisters to die in their marriage but this man values the life of his sister and wants her out of that marriage.

Leezah:
HOW TO GET A DIVORCE IN NIGERIA

This article is for people who have decided that they want to get a divorce. Simple. This article is not meant to give advice on whether or not you should try to make your marriage work, or go to marriage counselling. No. The point of the article is to state as clearly as possible what you need to consider when you have made the decision to get a divorce.

Under Nigerian law, a marriage can only be ended in 2 ways – by the death of one of the partners, or by an order of the court.

The divorce process is the process to follow in order to get a court order to dissolve a marriage. Unlike in some countries where a divorce can be a relatively quick process, it would appear that the law in Nigeria has been made unduly cumbersome (rightly so in some people’s opinion), to ensure that marriage contracts and divorces are not entered into willy-nilly.

The first thing you should know is that you will need the services of a lawyer to get a divorce. Under Nigerian divorce law, a lawyer has to represent you in court in order to bring your case for divorce. Now, we could end this article at this point, and say, if you need a divorce, then go out and get a lawyer. However, that would be defeating the purpose of this article, what we want to do is explain in some more detail what the divorce process entails, so you know what to expect.


PREPARATION
Step 1- you need to understand what type of marriage you have. The divorce process depends to a large extent on how the marriage was solemnised. In present day Nigeria, most of the marriages are registered (i.e. you and your partner have a Marriage licence from a Marriage Registry), these sorts of marriages are referred to as marriages under the Act, and we shall focus on this type of marriage in this article.

Step 2 – you need to understand why you want a divorce, what is the reason for the divorce. Under the Matrimonial Causes Act (the law which governs the divorce process in Nigeria), there are certain stated grounds which can be used to dissolve a marriage. They include things like adultery, living apart for a period of time, habitual drunkenness, criminal acts etc. You need to ensure that your reason for divorce can fit into one of the grounds to prove divorce. You can read more about the grounds of divorce here. However, don’t worry too much about this now, once you speak to a lawyer he/she will listen to your case and advise you properly on which ground of divorce your reason may be able to fit under.

Step 3 – You need to begin to think about what you want out of the divorce. This will largely depend on the specific situations of your marriage. Things you should begin to consider are:

Who will have custody of children?
Will your spouse pay for maintenance of the children?
If you are unemployed, do you want maintenance from your spouse? (you will need to prove why the court should grant this)
How will the property be shared? Do you believe you are 100% entitled to certain property because you paid for them? Etc.
These are some of the things you need to be thinking about, but again, don’t worry about it too much, a good lawyer will be able to elicit this information from you and ensure all the bases are covered and you are adequately protected and you get what you deserve.


THE DIVORCE PROCESS
Step 1 – The divorce process officially commences when your lawyer files what is known as a petition for divorce in the High Court. This bundle of documents basically states your case- who you are married to, where you got married, how long you have been married for, why you want a divorce, what you want from the divorce, and any evidence to back this up. This is where the lawyer begins to earn their fee. They will draft and file all the necessary court processes and ensure you have put forward your petition in a logical and professional manner. If you are the person who filed the petition you are referred to as the petitioner, and your spouse is the respondent.

Step 2– Once the document is filed in the court, it will be given a file number in the court system (the Family court division), and then the contents of your petition will be served on (delivered to) your spouse (and his lawyer). Your spouse will be given a certain number of days (it varies based on which State your petition is filed) to respond to your petition. The content of the response will depend on if your spouse also wants a divorce.

Step 3 – Once your spouse has replied to your petition, the courts will then hear the case in open court. If there are any witnesses that need to be called to corroborate any evidence, they will appear in court.

Step 4 – If the judge is satisfied that a divorce should be granted, then it grants what is known as a ‘decree nisi’, basically that the marriage should be dissolved. However, the decree nisi does not mean that it has been dissolved, you will have to wait for another 3 months, and then the decree nisi will become a ‘decree absolute’.

Step 5 – the judge has the power to grant custody of any children to either spouse, and can make orders for the payment of maintenance (for the spouse and children), and also make orders for the settlement of any property of the marriage.


The above is a very general overview of the divorce process. As each marriage will have its own specific set of facts, the process will vary, and that is why it is important to seek the advice and counsel of a qualified lawyer before embarking on a divorce. Source-LawPadi
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You can start a divorce process in two ways: mutual consent divorce or contested divorce.

A divorce by mutual consent is a kind of divorce whereby both the husband and wife mutually agree to end their marriage and decide the terms and conditions of their divorce amicably. Mutual consent divorce is also called an uncontested divorce as the husband and wife file a joint divorce petition without the need to contest it in the court.

There are basically 3 conditions which can be fulfilled to get a mutual consent divorce These grounds are:

-Both the parties to the marriage have been living separately for a period of one year or more
-They have not been able to live together
-They have now mutually agreed for the dissolution of the marriage

Documents Required
*Address proof of husband
*Address proof of wife
*Marriage certificate
*Four passport size photographs of the marriage of husband and wife
*Evidence proving spouses are living separately for more than a year.
*Evidence relating to the failed attempts of reconciliation
*Further when the case proceeds in the Courts; there are certain other documents which have to be presented to get a Divorce Decree:

Income Tax Returns (3 years)
Details of present income
Birth and family details
The details of the assets
Competent Court and Jurisdiction

There are various courts that can try a Divorce case, but eventually, only the competent court must be approached to get a Regular Valid Decree. The petition for mutual divorce can be filled in these competent courts:

1. The court having jurisdiction over the area where couple seeking divorce last lived together
2. The court having jurisdiction over the area where the marriage was solemnized
3. The court having jurisdiction over the area where the wife is residing as of present
4. Procedure To Obtain Mutual Consent Divorce

The process of getting the divorce might seem a little hectic, yet it the ideal process to follow the same. The procedure being:

-Petition to be filed under Marriage Act,
-Both the parties need to file this petition together seeking the divorce before the District Court.
-The parties intending to dissolve a marriage can file for divorce after at least one year from the date of marriage.
-Both the parties need to file the petition together seeking the divorce before the District Court.
-Parties are required to show that they have been living separately for a period of one year or more before the presentation of the petition for divorce.
-Jurisdiction is with the Family Court of the city/ district where the parties last resided together (matrimonial home).
-The divorce petition is filed in the form of affidavit thereby stating that the divorce is by mutual consent and containing the agreed clauses by the parties. (First Motion)
-Recording of statements of both parties by the court.
-Six months of cooling period (not more than eighteen months in any case) granted by the court in a case to the parties wish to consider any reconciliation.
-During the period of six months, any of the party is fully entitled to withdraw the mutual consent by filing an application before the court.
-After six months, parties present themselves in front of the court.
-Parties confirm the mutual consent filed earlier. (Second Motion).
-Decree of Divorce granted by the court.

Contested Divorce
Contested divorce is where one party does not want to dissolve the marriage for whatever reasons. One-sided divorce takes place when one spouse has the grounds for separation and wishes to end the marriage. As the name suggests, the husband and wife contest each other to get the most out of a divorce proceeding and hire a divorce lawyer in India to represent their interest.

To contest a divorce in courts, the following procedure is laid down:

Filing a divorce petition- After recognising the court of appropriate jurisdiction, the contested divorce petition must be drafted by an experienced divorce attorney and must contain the issues and problems that have arisen out of the marriage and mention the grounds on which the petitioner wants to file a divorce. Once the divorce petition is filed, the court will issue summons to the other spouse notifying him/her that a divorce case has been filed by their spouse.

Reply by the opposite party- Once the summons has been sent, the opposite party is required to write his/her reply to such petition explaining their side. However, if the opposite party choose not to show up at the hearing date, the court may proceed to give a decision after hearing the side of one party only.

Interim decision- At the initial stage, the court might suggest that the divorcing spouses take up the process of mediation to settle their disputes before getting a divorce. Mediation will involve a third neutral party who will help in mediating communication between the spouses.

Filing of evidence- If the mediation does not give a positive result, normal proceedings resume and the evidence is submitted by divorce lawyers of both the spouses. Examination and cross-examination take place- evidence from the petitioner is taken into record first and then from the opposite party.

Final arguments- Once the evidence is filed, final arguments between the parties take place. Final arguments are the primary deciding factors on which the court finalises dissolution of marriage.

Divorce decree- At the conclusion of arguments, the court gives out its final judgment and passes a divorce decree.

Born2conquer:
She wants to

Born2conquer:
If I don’t act FAST, I might lose my sister

She made a mistake marrying this beast and I can’t keep on looking.

Please, what’s the fastest way to institute a divorce in lagos?

Born2conquer:
Why would i be the cause?
I have my business and i’ve always been the one advising her to make her home work and i even do plead with her hubby.

Until I visited once and i slept over!

Then, i saw the TRUE COLOUR.

Born2conquer:
If I don’t act FAST, I might lose my sister

She made a mistake marrying this beast and I can’t keep on looking.

Please, what’s the fastest way to institute a divorce in lagos?

Irore:
Your sister needs to check herself. When did brothers start spearheading divorce of their sisters? Are you married, how is your home? Let her file for divorce herself while you counsel her against it letting her know it will be better. Pally with your brother in-law for amicable resolution. Beware lest you regret your action. What God has joined together, let no man put asunder.

Wiseman5:
By the way you sound, you really want your sister's marriage to work but your post here altered the motive.
Never worry the only thing without solution is death and your sister and in law are alive.
First of all, remove divorce from your mind expect if he is a cheat.
Your sister must avoid confrontations and every other body language that suggests they are rivals.
She should seek knowledge on how to win a man she is currently seeing now.
Whatever brought them together should be remembered at such a trying times as this, and they must succeed. They should prove to everyone that attended their wedding that they are mature enough to handle their issues.
God's help is present with them, relax weeping may endure for a night but JOY comes in the morning and that's very soon. Shalom brother, it's well.

alexola20:
Eating his money doesn't make him to become a beast or to treat his wife badly.

spongeisback:
Dear women if there's any reason you need so as not to stay in a violent marriage use this guy as a case study.

Your kids will grow up this bitter and stupid


Oh by our comments am sure it easy to know who e dey pain.

healthserve:
Trust me. I'm not ring on this. Perhaps you don't know ethanol is antiseptic. And antiseptic is ethanol

BREYZ:
every damn thing you guys rush to Nairaland to post. look at this over grown adult too. because you witnessed something once you want to display your stupidity online. are you the one to get a divorce for your sister? every relationship has its problems, the fact that you witnessed one doesn't mean you should start typing rubbish online who knows what your sister might have done too? all these one sided stories.

healthserve:
You don't need her to file for divorce before you save her life. Find a cheap mini flat far from him and when he's away, move her things. Divorce can come in later but first secure her safety



The best treatment and prevention for coronavorus is ethanol Fashola was right


Either by using strong alcohol to wash the hands, or the guy tract by ingesting and hanging it before swallowing or spilling, or by outright consumption, Ethanol is the best treatment for Coronavirus.


I don't have time to make careful and prudent explanation, but if are around anyone with it or that wants to prevent it, let them get alcohol, please not above 35% alcohol base.


As long as it is Unflavored alcohol. It can work effectively for prevention and treatment. The virus can't withstand the chemical strength of ethanol, hence alcohol is it's most potent enemy




Please share this information

Sterope:
Is she ready to divorce him? She must be mentally ready to divorce him, she will need your support. It can be a long and frustrating process.

Please ignore those imploring you to keep her married. If you love your sister, you will not want her to be walk on eggshells for the rest of her life. Even at that, you will never know what might his latest trigger then your sister is disabled or dead.

Irore:
Your sister needs to check herself. When did brothers start spearheading divorce of their sisters? Are you married, how is your home? Let her file for divorce herself while you counsel her against it letting her know it will be better. Pally with your brother in-law for amicable resolution. Beware lest you regret your action. What God has joined together, let no man put asunder.

healthserve:
Trust me. I'm not ring on this. Perhaps you don't know ethanol is antiseptic. And antiseptic is ethanol

Born2conquer:
If I don’t act FAST, I might lose my sister

She made a mistake marrying this beast and I can’t keep on looking.

Please, what’s the fastest way to institute a divorce in lagos?

Born2conquer:
If I don’t act FAST, I might lose my sister

She made a mistake marrying this beast and I can’t keep on looking.

Please, what’s the fastest way to institute a divorce in lagos?

RisenPhoenix:
Yes she will still get the divorce, but the child custody issues become unclear in that case.

walex2:
generally children under 18 are under the custody of the wife with the husband responsible for feeding, welfare and education unless a case was proven that the woman is irresponsible e.g drugs addict or drunkeness

healthserve:
You don't need her to file for divorce before you save her life. Find a cheap mini flat far from him and when he's away, move her things. Divorce can come in later but first secure her safety



The best treatment and prevention for coronavorus is ethanol Fashola was right


Either by using strong alcohol to wash the hands, or the guy tract by ingesting and hanging it before swallowing or spilling, or by outright consumption, Ethanol is the best treatment for Coronavirus.


I don't have time to make careful and prudent explanation, but if are around anyone with it or that wants to prevent it, let them get alcohol, please not above 35% alcohol base.


As long as it is Unflavored alcohol. It can work effectively for prevention and treatment. The virus can't withstand the chemical strength of ethanol, hence alcohol is it's most potent enemy




Please share this information

OgunLaakaye:
You just want to deny people burial jollof rice and beer.