Last updated on 22nd January, 2026 by Ebelechukwu Aroh-Nwoka Esq.
Quick Guide: The Process of Divorce in Nigeria
The process of divorce in Nigeria depends on the type of marriage contracted:
Statutory Marriage: Dissolved only by a High Court. You must prove the marriage has broken down irretrievably based on facts like adultery, desertion, living apart and so on. The court issues a Decree Nisi, followed by a Decree Absolute after 3 months.
Customary Marriage: Dissolved through a Customary Court or by the formal refund of the bride price to the husband’s family.
Double-Decker Marriage: If you had both traditional and registry weddings, you must legally dissolve both to avoid legal traps like bigamy.
Introduction
The process of divorce in Nigeria depends largely on the type of marriage you had, statutory or customary. Many Nigerians separate informally or return bride price, believing that the marriage has ended. In law, however, the position is different. A marriage is not dissolved simply because the parties are no longer together.
If you are separated and uncertain about your next step, or you are considering divorce or remarriage, this guide explains what the law requires to bring a marriage to an end, under both statutory and customary laws.
If you are not sure whether what you need is divorce or legal separation? Our articles on Difference Between Divorce and Separation in Nigeria and Grounds for Legal Separation in Nigeria will help to clear any doubt.
Types of Marriages in Nigeria and Why It Matters
Before filing for divorce, you must first understand what kind of marriage you had. The type of marriage you contracted determines to a large extent the applicable process of divorce and divorce law. In Nigeria we have statutory marriage, customary/ Islamic marriage and each type of marriage has a unique way of dissolving it.
- Introduction
- Types of Marriages in Nigeria and Why It Matters
- Divorce Under Statutory Marriage in Nigeria
- Legal Grounds for Divorce in Nigeria
- Step-by-Step Process of Divorce in Nigeria
- Timeframe for Divorce in Nigeria
- Divorce Under Customary Marriage in Nigeria
- What If You Had Both Customary and Statutory Marriage?
- Not All Church Marriages Are Statutory
- Barriers or Bar to Divorce
- Frequently Asked Questions About Divorce in Nigeria
- Conclusion
- Disclaimer
What is Statutory Marriage or Marriage Under the Act?
“Marriage” under the Marriage Act generally means the legal union of a couple as spouses. In other words, it is the voluntary union for life of one man and one woman to the exclusion of all others.
In law, the registrar’s certificate is a prerequisite to the celebration of a valid statutory marriage because section 33 of the Marriage Act clearly stipulates that a marriage celebrated between the parties shall be null and void if both parties knowingly and wilfully acquiesce to its celebration without a registrar’s certificate or notice of licence under section 13 duly issued.
The issuance of a Registrar’s Certificate is of extreme importance. A celebration of marriage which, to the knowledge of the parties, has not been preceded by the issuance of the registrar’s certificate, is ineffectual, null and void.
The only way to dissolve statutory marriage is by filing a petition for divorce in any state High Court or High Court of Federal Capital Territory.
If you live abroad, our article on how to dissolve a marriage in Nigeria while living abroad explains how you can successfully file for divorce in Nigeria from any part of the world without being physically present in Nigeria.
What is Customary Marriage?
It is a type of marriage contracted in accordance with the dictates of the customary laws of a given society. It is based on traditional rites, including payment of bride price and family consent.
Unlike statutory marriage, customary marriage permits polygamy .
Customary marriage could be dissolved by the mere refund of the bride price in accordance with native law and customs or by filing a petition for divorce in the customary court.
Some couples contract both customary marriage and statutory marriage. In such cases, you must legally dissolve the statutory part before remarrying. Returning bride price alone is not enough.
Divorce Under Statutory Marriage in Nigeria
Dissolving a Statutory marriage in Nigeria is regulated by the Matrimonial Causes Act. If you were married under the Act, whether at a registry or in a licensed church, the law lays out clear steps and conditions for divorce.
Do I need the consent of my spouse before I can file for divorce?
No. You do not need your spouse’s consent before you can successfully file for divorce both under statutory and customary marriage. Your husband or wife does not have to sign any divorce paper or give permission. As long as you can prove one or more of the legal grounds, if you contracted statutory marriage you may proceed.
Two Years Divorce Rule in Nigeria
The law requires that the statutory marriage must have reached its second anniversary before a petition can ordinarily be filed. This two-year rule is intended to uphold the sanctity of marriage and encourage early reconciliation.
Where the marriage is less than two years old, the law requires that you first obtain leave of court before filing a petition. To succeed, you must show that you have experienced exceptional hardship or depravity in the marriage.
For a more detailed explanation of this rule and its exceptions, read our article:
When to File for Divorce in Nigeria
Legal Grounds for Divorce in Nigeria
Nigerian courts especially in statutory marriages cannot dissolve a marriage simply because you asked for it. Never. For a petition for divorce to be successful you must prove to the satisfaction of the court that the marriage has broken down irretrievably. Irretrievable breakdown of marriage is the only ground for dissolution of a statutory marriage.
You can prove that a marriage has broken down irretrievably by leading evidence to prove any of these eight facts as provided in Section 15(2) of the Matrimonial Causes Act:
The Eight Facts You May Rely on to Prove Irretrievable Breakdown of a Statutory Marriage Are:
- That your spouse has wilfully and persistently refused to consummate the marriage (i.e., refusal to have sexual relations since marriage).
- That your spouse has committed adultery, and you find it intolerable to live with them. For a deeper look at this, read our article on-Adultery and Divorce in Nigeria.
- That your spouse has behaved in such a cruel, abusive, or unbearable way that you cannot reasonably be expected to live with them.
- That your spouse deserted you for at least one continuous year before the petition.
- That both of you have lived apart for at least two years, and your spouse does not object to the divorce.
- That you have lived apart for three years or more, whether or not your spouse agrees.
- That your spouse has failed to obey a court order for restitution of conjugal rights for over one year.
- That your spouse has been missing for so long under circumstances that the court may presume them to be dead.
These facts serve as legal indicators that the marriage has broken down irretrievably. The court will not grant a divorce unless at least one of them is clearly proven with admissible evidence to the satisfaction of the court.
Are you still unsure which of these facts may apply to your situation? All the eight facts have been explained individually, with examples, in our full article: Grounds for in Statutory Marriages in Nigeria
Are the Grounds Different for Customary Marriage Divorce?
Yes, they are very different.
Customary marriages in Nigeria are governed by the customs of the people involved. These customs are often unwritten, and unlike statutory marriage, there is no fixed list of grounds you must prove before ending the marriage.
According to the Court of Appeal in Nwangwa v. Ubani (1997) 10 NWLR (Pt. 526) 559:
“The dissolution of a customary law marriage is not as stringent as that under the Marriage Act. A customary law marriage can be dissolved without judicial pronouncement or intervention… But there must be a formal act on the part of the party who is tired and not willing to continue with the union… In most places the two families are involved in the dissolution.”
The above decision of the court clearly shows that you do not need to prove adultery, cruelty, or desertion etc before the honourable court can dissolve a customary marriage. Customary marriages could be dissolved without filing a formal petition for divorce in the customary court by the mere refund of the bride price.
However, for legal recognition, especially when custody, property, or relocation is involved, it is safer to approach the Customary Court to formalise the divorce.
In practice, the reason for divorce under customary law could be anything:
- Adultery
- Misunderstanding between in-laws
- Any conduct considered offensive by the custom
Step-by-Step Process of Divorce in Nigeria
If your marriage was conducted under the Marriage Act, the following are the key legal stages to dissolve it. This process applies whether the case is uncontested or defended.
Engage a Lawyer
The first step is to engage a family law who will analyse your case and thereafter help you to prepare and file the relevant documents in court.
File a Petition in the High Court
Your lawyer will file the petition, verifying affidavit and other accompanying processes at the High Court of the Federal Capital Territory, Abuja or a state High Court. The petition sets out the facts of the marriage, the ground(s) for divorce, and any reliefs being sought, such as custody, maintenance, or settlement of property. The marriage certificate must accompany the petition.
However, if you have lost or misplaced your marriage certificate and confused as to whether you can successfully file for divorce without marriage certificate, read our article on divorce without marriage certificate to gain clarity.
Serve Your Spouse
After filing the petition for divorce, the next step is to engage a court bailiff to serve the divorce petition personally on your spouse. If your spouse is unavailable or evading service, file an application seeking for permission to serve your spouse through alternative means of service such as: by newspaper publication, pasting at last-known address, or other means like WhatsApp or email
.
Once served, your spouse has 30 days to respond by filing an Answer to the petition. If they fail to respond, the court may proceed, provided proof of service is established.
Compulsory Conference
The Compulsory Conference is a pre-trial stage where both parties and their lawyers meet before a judge especially in cases where children less than 18 years are involved to:
- Clarify the issues in dispute
- Confirm the documents and witnesses to be relied upon
- Explore any possibility of settlement or narrowing the case
- This stage is mandatory under the Matrimonial Causes Rules and helps the court manage the case efficiently.
If both parties agree on key issues (e.g., custody or maintenance), they may record terms of settlement at this stage, which the court may adopt.
Court Hearing and Evidence
After compulsory conference, the court will set the petition down for definite hearing of evidence from both parties and any witnesses.
The petitioner bears the burden of proving that the marriage has broken down irretrievably to the satisfaction of the court, using credible and legally admissible evidence. For clients outside Nigeria, we often apply to court to grant us permission for them to testify virtually. Virtual court hearing enables them to testify using either zoom or google meet from any part of the world without visiting Nigeria.
Decree Nisi
After the testimonies of witnesses for both parties and adoption of final address by their counsel, where the court is satisfied, it issues a Decree Nisi, a temporary order stating that the marriage should be dissolved. This gives room for any last-minute objections or reconciliation within a three-month window.
Decree Absolute
After three months (or earlier with special permission), the court issues the Decree Absolute, which is the final divorce order.
At this point, the marriage is legally dissolved, and either party may remarry. Our article on Decree Nisi and Decree Absolute in Nigerian Divorce Cases explains among other things the dangers of remarrying before the decree nisi becomes absolute. kindly read it for a deeper insight.
The steps above apply to divorce under statutory marriage only. The procedure under customary law is less formal but still recognised, as explained in the next section.
Timeframe for Divorce in Nigeria
How long a divorce will take in Nigeria depends on many factors, including whether it is contested, the court’s calendar, and the conduct of both parties.
Uncontested Divorce
This happens when your spouse: fails to respond to the petition, or does not attend court despite being properly served
In this case, the process may move faster. However, timing still depends on:
- How busy the court is
- How long the adjournments are
- Whether there are delays in service or filing
On average, an uncontested divorce may take between 6 to 9 months, or slightly longer in congested courts.
Contested Divorce
This occurs when your spouse appears in court and defends the case. Divorces that involve additional issues, such as child custody, spousal or child maintenance, or property settlement, will likely take more time to conclude. On average, a contested divorce can last between 1 to 2 years, or even longer depending on the complexity of the case and court delays.
Divorce Under Customary Marriage in Nigeria
Customary divorce is less formal, but still legally binding. It follows local traditions, often involving return of bride price and family involvement.
However, it can equally be dissolved by filing a petition for divorce at the customary court. The petition is thereafter served on the respondent.
The court sets the matter for plea and hearing. After the hearing and address of counsel, court dissolves the marriage and order for the bride price to be paid into the court registry.
What If You Had Both Customary and Statutory Marriage?
This is very common, and very misunderstood. In Nigeria, it is known as a double-decker marriage: when a couple first marries under customary law and later formalises the union under the Marriage Act in a church or registry.
But here is where many people get confused: does the second marriage cancel the first? Which one counts when it is time to divorce?
The Legal Effect of a Double-Decker Marriage
In Jadesimi v. Okotie-Eboh (1996) 2 NWLR (Pt. 429) 128, the Supreme Court made it clear:
“It is also plain that such second marriage under the Marriage Act, converts, without doubt, the Customary Law marriage that was ‘potentially polygamous’ to a monogamous marriage…“
This means that if you had both a traditional marriage and a court or church wedding (in a licensed place of worship), you are legally considered to be in a statutory marriage. The subsequent statutory marriage merely reinforces the earlier contracted customary marriage by making it monogamous. However, it does not diminish the status of the earlier contracted customary marriage. To validly dissolve both the customary and statutory marriages contracted by the same couple, you must go through divorce under the customary law at the customary court or by refund of bride price and divorce under the Act at the High Court. Dissolving either of the marriages leaves the undissolved one very much alive legally.
The above principle of law was clearly explained in the Court of Appeal decision in Nola & Ors v. Graham-Douglas & Anor (2019) LPELR-48285(CA) (pp. 14–16, paras. E). In that case, Chief Donald Graham-Douglas married his wife, Gladys, both statutorily and customarily through the performance of an Iya customary marriage. He later obtained a Decree Absolute to dissolve his statutory marriage to Gladys. He subsequently married a second wife without dissolving the customary marriage. After his death, the second wife claimed to be his only surviving wife. However, the court found that the Iya customary marriage, which he did not dissolve, remained valid and subsisting; hence, the first wife was still his wife under Iya customary law.
So, to validly dissolve a double decker marriage, you need to refund the bride price or file a petition for dissolution of the customary marriage and a petition for the dissolution of the statutory marriage at the High Court.
Many Nigerians have unknowingly committed bigamy by remarrying after only dissolving their statutory marriage. Do not make this mistake.
Not All Church Marriages Are Statutory
Just because you married in a church does not automatically mean it is a statutory marriage. For a church wedding to be considered a statutory marriage, it must meet strict legal requirements under the Marriage Act.
In Motoh v. Motoh (2011) 16 NWLR (Pt. 1274) 474, the court held:
A church marriage is presumed valid under the Marriage Act only if the church is licensed and the marriage follows the legal procedure, open doors, proper witnesses, and held between 8am and 6pm.
If the church is not licensed or the procedures are not followed, the marriage will likely be treated as customary, not statutory.
Another important case is the case of:
Chukwuma v. Chukwuma (1996) 1 NWLR (Pt. 426) 543, in that case, the court emphasised that:
A Registrar’s Certificate is mandatory for a valid statutory marriage. Without it, even a grand church wedding is legally void under the Act.
So, if you had only a “mere” church marriage in an unlicensed venue or without the Registrar’s Certificate, your marriage is a customary marriage, and it can be dissolved by refunding the bride price or filing a petition in the Customary Court.
Key Takeaways
- If you had both a traditional and licensed church or registry wedding, you must file for divorce in the High Court if you want to dissolve the statutory marriage and file for divorce at the customary or area court for the dissolution of the customary marriage.
- If your church wedding was not legally registered or it was not contracted in a licensed place of worship, it is likely customary. In that case, you may not need a High Court divorce.
- Many Nigerians unknowingly fall into legal traps. Bigamy is a serious crime. Always check what type of marriage you contracted before attempting to remarry.
- Our article on Status of church marriage explained in detail what makes a church marriage to become a statutory marriage.
Barriers or Bar to Divorce
Even when you have successfully proved that a marriage has broken down irretrievably, the court may still refuse to grant a divorce if certain legal defences are raised by your spouse.
These defences are known as bars to divorce, and they apply only to statutory marriages under the Matrimonial Causes Act.
If your spouse pleads and proves any of the following, the court may dismiss the petition:
Condonation:
This means you forgave the misconduct after it occurred, for example, you forgave adultery and continued living together as a couple. If proven, the court may hold that you waived your right to complain.
Collusion:
This means both spouses conspired or agreed to stage a ground for divorce, for example, pretending one party deserted the other in order to obtain a quick divorce.
Connivance:
This means you encouraged or facilitated your spouse’s bad behaviour, such as setting them up to commit adultery so you can file for divorce. If proven, the court may find your hands are not clean. Once any of these is successfully raised, it can operate as a barrier, even where the facts of the case support the grant of a divorce.
For a full explanation of these legal bars and when they apply, read our article:
Barriers to Divorce in Nigeria
Frequently Asked Questions About Divorce in Nigeria
No. Separation, no matter how long, does not terminate a marriage under Nigerian law. A marriage only ends through a valid court decree for statutory marriages or a recognised dissolution process for customary marriages.
Yes. Where a marriage was contracted under both customary law and statute, each marriage must be independently dissolved. A High Court divorce ends only the statutory marriage. The customary marriage remains valid unless properly dissolved.
No. You cannot lawfully remarry unless your existing marriage has been properly dissolved. If you remarry while a statutory marriage still subsists, you risk criminal liability for bigamy. Where a customary marriage also exists, that must be separately dissolved before remarriage. However, a man who contracted only customary marriage can lawfully marry more wives without dissolving previous marriage because polygamy is permitted in customary marriage.
Yes. A spouse’s refusal does not prevent divorce. Nigerian courts can dissolve a marriage once it is shown that the marriage has broken down irretrievably, even if one party is uncooperative.
Conclusion
Divorce in Nigeria is not automatic. The process you follow must align with the type of marriage you contracted; there is no one size fits all. Customary and statutory divorces are handled differently under the law.
If you are confused, do not act on assumptions. Many people have walked into serious legal trouble by remarrying too soon, or thinking that returning dowry was enough.Seek legal advice. It could save your future.
So, if you are not sure whether your marriage is statutory or customary or you are tired of being separated without clarity on your next step? Call or send WhatsApp to +2349045532566 for further inquiry on these and more.
Disclaimer
This article is for general information purposes only. It does not substitute legal advice. For help with your unique situation, consult a qualified Nigerian family lawyer.
