The legal framework
Divorce is governed by the Matrimonial Causes Act for statutory marriages, with breakdown shown by facts including two or three years' separation. Customary and Islamic marriages are dissolved in customary or Sharia courts under their own rules, and the two systems run in parallel.
Key points
| Ground | Breakdown of the marriage, evidenced by statutory facts |
|---|---|
| Separation | Two years with consent, three years without, among the available facts |
| Property | Follows legal title, though the court may order settlement of property |
| Customary divorce | Handled by customary or Sharia courts; refund of bride price may be in issue |
| Children | Welfare principle applies |
| Two-year bar | No petition within two years of a statutory marriage, save with leave |
| Facts | Several facts establish breakdown, including desertion and living apart |
| Type of marriage decides | A statutory marriage cannot be dissolved by customary means |
In practice
- File in the High Court or family division with jurisdiction over your marriage type.
- Financial disclosure is essential: property outcomes turn on documented contributions.
- Where the marriage was customary or religious, check first whether it was registered — registration determines which court can dissolve it.
- Mediation and family counselling are available and often faster than contested litigation.
- Establish which type of marriage you contracted before filing anywhere.
- For a statutory marriage, file in the High Court; customary courts have no jurisdiction over it.
Cost and coverage
Court fees are moderate; legal aid and law school clinics assist those who cannot pay.
Recent changes
Across these jurisdictions the clearest trend is judicial recognition of non-financial contribution — domestic work and childcare — when dividing property.
Where to go
- High Court family division or equivalent.
- Legal aid schemes and university law clinics.
- Women's rights organisations, which often provide representation in property disputes.
Worth knowing
An unregistered customary or religious marriage can be very hard to dissolve, and even harder to found a property claim on. Registration is the step that converts a social fact into enforceable rights. Dissolving a statutory marriage by customary process is void. People who remarry afterwards commit bigamy without realising it.
Official sources and links
- Nigeria.gov.ng — official government portal