Decree Nisi and Decree Absolute in Nigerian Divorce Cases

Introduction

Many people assume that once a Nigerian court grants a divorce, especially in statutory marriages, the marriage is immediately over. That is not true. Divorce under Nigerian law, especially in statutory marriages is a two-step process: Decree Nisi and Decree Absolute.
Until that final decree is granted, you are still legally married and making any move like remarriage  could be legally disastrous. Many marriages have been declared void because parties remarried when they ought not  to because they were ignorant of the implications of decree nisi and decree absolute. 
This article explains, decree nisi and decree absolute, when decree nisi becomes absolute, effect of death of a spouse during the decree nisi period and many more.

If you are still wondering whether you qualify for divorce, see our detailed post on grounds for divorce in Nigeria.

What is a Decree Nisi in Nigeria?

A Decree Nisi is a provisional court order in matrimonial proceedings, granted when the court is satisfied that a marriage has broken down irretrievably. However, the marriage is not yet legally dissolved at this stage. It only becomes final when the decree is made absolute. Until that happens, the parties remain legally married, and any attempt to remarry is unlawful. Either party may also challenge the decree nisi if dissatisfied with it.

In Amobi v. Nzegwu [2005] 12 NWLR (Pt. 939) 124, a man obtained a decree nisi and died shortly afterwards, before it became absolute. The court held that he was still legally married at the time of his death, and any supposed marriage entered into thereafter was declared void.

This case demonstrates that a decree nisi does not automatically dissolve a marriage. Legal finality only comes when the decree is made absolute.

A Decree Absolute is the final and binding court order that officially ends a statutory marriage under Nigerian law.
Once granted, the marriage is completely dissolved, both parties are free to remarry, legal obligations under the marriage cease (except for things like maintenance or child custody if ordered by court)
Without this final decree, your divorce is incomplete, no matter what the judge initially said.

To learn what happens if you do not have your marriage certificate, read our article: Divorce without Marriage Certificate in Nigeria: An Overview

When Does a Decree Nisi Become Absolute in Nigeria?

Section 58 of the Matrimonial Causes Act provides the timelines within which a decree nisi could become absolute as follows:

1. If no children are involved in the marriage, the decree nisi becomes absolute after three months.
2. If there are children under 16, the decree nisi becomes absolute 28 days after the court confirms that satisfactory arrangements have been made for them.

Can a Decree Nisi Be Cancelled?

before it becomes absolute.  A decree nisi can be rescinded (cancelled) in the following cases:

If there is fraud, perjury, or suppression of evidence

If the couple settles and decides to stay married¹.

How Do I Prove My Divorce Is Final?

Under Section 59 of the Matrimonial Causes Act, once your decree nisi becomes absolute, the court registrar will prepare and file a certificate. You can request a certified copy of this decree absolute.
This document is what proves you are legally divorced and free to remarry.

What Happens If a Spouse Dies Before the Decree Nisi Becomes Absolute?

By the provisions of Section 58(4) of the Matrimonial Causes Act, a decree nisi shall not become absolute by force of this section where either of the parties to the marriage has died.
Therefore, if one of the parties dies before the decree nisi can become absolute, the marriage is still subsisting in law at the material time.
   
The death prevents the decree nisi from transforming into a decree absolute by the automatic operation of Section 58 of the Matrimonial Causes Act.

In the case of Amobi v. Nzegwu², the deceased had married the appellant under customary law in 1995 and allegedly under the Marriage Act in October 1996, after a decree nisi was granted in September 1996 but before it became absolute. The Supreme Court affirmed that because the deceased died on October 31, 1996, less than 30 days after the decree nisi was granted on September 30, 1996, the marriage with the first respondent was still subsisting. Consequently, the appellant’s purported marriages were not lawful, and she was not recognized as the deceased’s lawful wife, affecting her entitlement to Letters of Administration.

However, In the case of  Dejonwo v. Dejonwo³ The petitioner died eight months after the decree nisi had become absolute by operation of law (due to an appeal being determined), and thus, the 1st appellant was no longer considered the widow of the deceased. 

This implies that if the decree nisi has already become absolute by operation of law (for example, through passage of time or conclusion of appeals as defined in Section 58(3)), a subsequent death does not retroactively invalidate the absolute status of the decree.

The above cases demonstrate that if a spouse dies before the decree nisi becomes absolute, the marriage subsists. While the death of a spouse after the decree nisi has become absolute cannot invalidate the status of the marriage which had already been dissolved.

Can I Remarry After a Decree Nisi?

No. You cannot remarry after a decree nisi. Doing so is unlawful because the marriage still exists in the eyes of the law. 
This principle of law was demonstrated in the case of Amobi v. Nzegwu [2005] 12 NWLR (Pt. 939) 124. In that case, a man obtained a decree nisi and remarried before it became absolute. He later died. The court held that he was still legally married to his first wife, and the second marriage was declared

To understand how adultery or infidelity affects divorce in Nigeria, read: Adultery and Divorce in Nigeria: Legal Strategies For Proving and Winning Cases

Frequently Asked Questions (FAQs)

Divorce in Nigeria is a process, not an event. Until you have received a decree absolute, you are still legally married. Understanding the difference between decree nisi and decree absolute can help you avoid serious legal, emotional, and financial mistakes.
If you are uncertain about your divorce status, speak to a family lawyer immediately before taking any further step.

For further inquiry on this and more call or WhatsApp +2349045532566

This article is for general legal education only and does not constitute legal advice. For advice on your specific case, please consult a qualified Nigerian family lawyer.

1. Section 61 of the Matrimonial Causes Act ↩︎
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