Introduction
Many Nigerians living in the USA, UK, and Canada find themselves in a legal limbo. They may have been separated from their spouse for years, but are still legally married in Nigeria. Situation like this can block your plans to remarry, complicate property arrangements at home, and even affect immigration processes abroad. The good news is that Nigerian law provides clear procedures for dissolving a marriage, even if you are thousands of miles away.
This guide explains your options, legal requirements, and how to handle divorce in Nigeria while living abroad without falling into costly legal traps.
Can You File for Divorce in Nigeria While Living Abroad? Understanding Jurisdiction and Domicile
Jurisdiction is a very important factor in any case. A court handling a Case which it ordinarily lacks the jurisdiction to handle is a mere waste of time and energy.
In this case, the type of marriage you contracted determines the court that has Jurisdiction to dissolve the marriage. Where the marriage is a statutory one, the high court of a state or the high court of Federal Capital Territory, Abuja is the right court that has jurisdiction to dissolve a statutory marriage. However, the jurisdiction of a high court to entertain a petition for divorce is governed by the domicile of the husband and not by the residence of the husband. By operation of law, a married woman, on marriage, takes on the domicile of her husband. Consequently, the court with jurisdiction to adjudicate on a divorce matter is the court of the domicile of the husband.1
The above simply means high court of a state or federal capital territory is the right venue for instuting petition for dissolution of statutory marriages. But for the court to have the power to entertain the petition you must prove that the husband is domicile in Nigeria. This is very fundamental and inability to do so is very fatal.
Domicile in Nigeria: What it really means
In Omotunde v. Omotunde (2001) 9 NWLR (Pt. 718) 252, the Court of Appeal defined domicile as:
“The place at which a person is physically present and which that person regards as home, a person’s true fixed, principal and permanent home to which that person intends to return and remain even though he is currently residing elsewhere… Every person has a domicile at all times and no one has more than one domicile at once.”
This means domicile is not the same as residence. You might be living in another country for years and still be domiciled in Nigeria. You cease from being domicile in Nigeria when you have intentionally and permanently adopt that country of your residence as your permanent home without any intention of returning back to Nigeria.
The Three Types of Domicile
we have three types of domicie namely:
- Domicile of Origin: the legal home you acquire at birth, usually your father’s domicile if you were born in lawful wedlock, or your mother’s if you were born out of wedlock.
- Domicile of Choice : a new domicile you acquire by living in another country with the clear intention to make it your permanent home.
- Matrimonial Domicile : for married women, the law generally aligns their domicile with that of their husband.
For more on how jurisdiction and domicile affect divorce, see Process of Divorce in Nigeria: Step-by-Step Guide.
Omotunde v. Omotunde: When Living Abroad Does Not End Nigerian Jurisdiction
In Omotunde, a Nigerian medical doctor had lived in the United States since 1988. His wife argued he was no longer domiciled in Nigeria, and the High Court struck out his divorce petition for lack of jurisdiction.
The Court of Appeal reversed this, holding that living abroad does not automatically erase your Nigerian domicile of origin. Unless there is clear evidence that you have permanently abandoned Nigeria as your home and acquired a domicile of choice elsewhere, you remain domiciled in Nigeria and can file for divorce there.
This case demonstrates that living abroad is not a barrier to filing divorce in Nigeria. It can only be a barrier if you had naturalized in your host country. In such case, Nigeria courts will lack the jurisdiction to dissolve your marriage.
Ugo v. Ugo Ugo v. Ugo (2008) 5 NWLR (Pt. 1079) 1 :When Nigerian Courts Lose Jurisdiction
The case of Ugo v. Ugo shows the opposite scenario. In this case, both spouses had renounced Nigerian citizenship, acquired U.S. citizenship, and lived in New York with their children. They were clearly domiciled in the USA.
The Court of Appeal held that their domicile of choice abroad was valid and subsisting, and their Nigerian domicile of origin was “held in abeyance” until such foreign domicile was abandoned. Because neither spouse was domiciled in Nigeria, the Nigerian court had no jurisdiction to hear their divorce petition and dismissed it.
Justice Adekeye added that filing fresh divorce proceedings in Nigeria after an American court had already decided the matter would amount to an abuse of process.
This case clearly explained that a Nigerian who lives outside Nigeria without any intention of coming back after he or she must have taken up the citizenship of the host country will be deemed not to be domiciled in Nigeria and cannot file petition for divorce in Nigeria.
Special Note for Foreign Wives Married to Nigerians
If you are a non-Nigerian woman married to a Nigerian man, your matrimonial domicile generally follows your husband’s. This means you could still fall under Nigerian matrimonial jurisdiction even if you live abroad- unless your husband has acquired a domicile of choice elsewhere.
Grounds for Divorce Under Nigerian Law
The only ground for divorce under Section 15(1) of the Matrimonial Causes Act is that the marriage has broken down irretrievably. However, this the only ground for dissolution of statutory marriages. For more on grounds of divorce, read our articles on grounds for divorce in Nigeria to gain a deeper insight.
Step-by-Step Process to Divorce in Nigeria While Abroad
- Engage a Nigerian Family Lawyer
You will need a lawyer in Nigeria to prepare and file your petition. Your physical presence is not required for most cases.
- File a Petition in the High Court
The petition must set out the facts supporting your claim and include your addresse for service on the respondent.
- Secure Court Approval for Substituted Service
If service of the petition cannot be effected personally, upon the application of your lawyer, the court can order service through alternative means like: by WhatsApp, email, courier, or through a family member.
- Attend Proceedings Remotely
Many Nigerian courts now permit virtual hearings via Zoom or similar platforms for diaspora parties. This cañ be activated by applying to be heard virtually.
- Obtain Decree Nisi, Then Decree Absolute
The Decree Nisi is the provisional order. It becomes final (Decree Absolute) after three months, at which point you are legally free to remarry. Read more in Decree Nisi and Decree Absolute in Divorce in Nigeria.
Read our article on Process of divorce in Nigeria, step by step guide for more detailed analysis of process of divorce in Nigeria.
Frequently Asked Questions
Finally, distance should not keep you bound in a marriage that is over in reality. Nigerian law offers clear, practical pathways to dissolve your marriage from anywhere in the world. What matters is doing it the right way.
For any inquiry of family, property or succession issues, reach out to us through +2349045532566
If you live abroad and need to dissolve your Nigerian marriage legally and cleanly, reach out to us. We handle diaspora divorce petitions and virtual court representation for Nigerians worldwide.
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Disclaimer
This article is strictly for educational purposes without more. Consult legal practitioner of your choice of tailored legal advise
Written by:E. C Aroh-Nwoka Esq. (Principal attorney) Ebelechukwu Law Firm.
- Koku Vs koku ↩︎
