Remarriage After Divorce in Nigeria

Introduction

Remarriage after divorce in Nigeria is a critical stage that is often misunderstood. Some people believe they are free to remarry simply because they have been separated from their spouse for many years. Others assume that once a decree nisi is granted by the court, they can immediately marry again.

Unfortunately, this assumption can create serious legal problems.

Under Nigerian law, a person cannot remarry until the previous marriage has been legally dissolved. If a new marriage takes place too early, the second marriage may be invalid and may also expose the person to criminal liability for bigamy.

Understanding when the law permits remarriage is therefore very important. This article explains the rules governing remarriage after divorce in Nigeria and the legal consequences of remarrying before a divorce becomes final.

If you are currently facing the breakdown of your marriage, it may also help to understand the process of divorce in Nigeria so that you know when a marriage is legally dissolved.

Can You Remarry Without Divorce in Nigeria?

The simple answer is no. A person who is statutorily married under the Marriage Act cannot validly marry another person unless the first marriage has been dissolved.

Nigerian law treats statutory marriage as strictly monogamous.

Section 35 of the Marriage Act provides that a person who is married under the Act is incapable, during the continuance of that marriage, of contracting a valid marriage under customary law.

This means that a statutory marriage continues to bind the parties until it is legally dissolved by a court of competent jurisdiction.

The law also creates criminal consequences for certain forms of remarriage.

Section 46 of the Marriage Act makes it an offence punishable with five years imprisonment for a person to contract a statutory marriage while already married under customary law to another person.

Similarly, section 47 of the Marriage Act provides that a person who has married under the Act commits an offence punishable with five years imprisonment if, during the subsistence of that marriage, he or she contracts another marriage under customary law.

These provisions reflect the strong principle that marriage under the Act is monogamous and exclusive.
For this reason, separation from a spouse does not give a person the legal right to remarry.

The law clearly distinguishes between separation and divorce, as explained inDifference Between Separation and Divorce – Case Law Insights.

When Is Divorce Final in Nigeria?

To understand remarriage after divorce in Nigeria, it is important to understand the two stages of divorce under the Matrimonial Causes Act.

Under the Matrimonial Causes Act, a decree nisi granted by the court when the petitioner has proved his or her case does not immediately end the marriage.

Section 56 of the Matrimonial Causes Act provides that a decree of dissolution of marriage is first granted as decree nisi. This means the court has decided that the marriage should be dissolved, but the order is provisional. At this stage, it is still unlawful to remarry.

Section 58 of the Matrimonial Causes Act explains that a decree nisi becomes decree absolute after a statutory waiting period. This period is usually three months from the date the decree nisi was granted, unless the court orders otherwise.

Once the decree becomes absolute, the marriage is legally dissolved.

Section 59 of the Matrimonial Causes Act also provides that when a decree nisi becomes absolute, any person may apply to the registrar of the court for a certificate confirming that the decree has become absolute. This certificate serves as official proof that the marriage has been dissolved.

You can read a more detailed explanation inDecree Nisi and Decree Absolute in Nigerian Divorce Cases.

It is only after decree absolute is granted that either party may remarry.

The Court of Appeal confirmed this position in Amobi v. Nzegwu (2005) 12 NWLR (Pt. 939) 124, where the court held that if a spouse dies before a decree nisi becomes decree absolute, the marriage still legally exists. As a result, the surviving spouse remains the lawful spouse.
This decision clearly shows that decree nisi does not terminate the marriage.

It should also be noted that decree nisi and decree absolute apply only to statutory marriages. These concepts are unknown to customary marriages.

When Is Remarriage After Divorce in Nigeria Allowed?

Section 33 of the Matrimonial Causes Act provides a clear answer.

The section states that where a decree of dissolution of marriage has become absolute, either party to the marriage may marry again as if the marriage had been dissolved by death.

In practical terms, this means the right to remarry arises only after decree absolute has been issued.
Decree nisi or pending divorce proceedings do not create a legal right to remarry.

Before filing for divorce, it is also helpful to understand thegrounds for divorce in statutory marriages in Nigeria under the Matrimonial Causes Act.

Can You Marry While Divorce Is Ongoing in Nigeria?

Some people remarry while proceedings for the dissolution of their statutory marriage are still pending in court. This is unlawful, even if the new marriage is conducted under customary law.
During divorce proceedings, the parties remain husband and wife in the eyes of the law.

If a person celebrates another marriage during this period, the new marriage may be invalid because the earlier marriage has not yet been dissolved.

In some cases, people worry about filing for divorce where important documents are missing. Nigerian courts have addressed such situations, as explained inDivorce Without a Marriage Certificate.

What Happens If Someone Remarries Before Divorce Is Final?

Remarrying before a divorce becomes final can lead to several legal consequences.

1. The Second Marriage May Be Invalid

The second marriage may be invalid because the earlier statutory marriage still exists. In such situations, the court may declare the later marriage void. This is also the case where the earlier marriage is a customary marriage and the second marriage is a statutory marriage with a different person.

2. Criminal Liability May Arise

Depending on the circumstances, the person may face criminal liability. The Marriage Act creates offences relating to the celebration of marriage where a valid marriage already exists. These offences carry penalties including imprisonment.

3. Serious Inheritance and Property Disputes May Arise

The situation may also create serious legal complications involving inheritance, property rights, and the legal status of spouses.

Imagine that your statutory marriage of more than twenty-two years is declared void by the court after the death of your spouse because it was discovered that the statutory marriage was contracted while a previous customary marriage still existed.

In such a situation, the surviving spouse may be stripped of the right to inherit from the deceased.
This is not fiction. It reflects the court’s decision in Agbaje v. Agbaje (1985) 3 NWLR (Pt. 11) 11.
Cases like this illustrate the dangers of remarrying without properly dissolving an earlier marriage.

Can You Remarry After Judicial Separation in Nigeria?

The answer is no.
Judicial separation is often confused with divorce, but they are not the same.

Section 41 of the Matrimonial Causes Act provides that a decree of judicial separation relieves the petitioner from the obligation to cohabit with the other spouse while the decree remains in force. However, the decree does not otherwise affect the marriage or the legal status of the parties.
This means the spouses may live apart with the authority of the court, but they remain legally married.

Because the marriage continues to exist, neither party can lawfully remarry.

Only a decree nisi dissolving the statutory marriage followed by decree absolute can legally terminate the marriage.
For a fuller explanation, seeGrounds for Legal Separation in Nigeria andthe difference between divorce and legal separation in Nigeria.

Can the Church Remarry You Without Court Divorce in Nigeria?

Religious institutions sometimes conduct ceremonies declaring that a marriage has been dissolved or annulled.

While such declarations may have spiritual significance within the church, they do not dissolve a statutory marriage under Nigerian law.

Only a High Court of a State or the High Court of the Federal Capital Territory, Abuja has the legal authority to dissolve a statutory marriage under the Matrimonial Causes Act.

Therefore, even if a church permits a person to remarry, the new marriage may still be legally invalid if the previous marriage has not been dissolved by the appropriate court.

To understand how Nigerian law treats religious marriages, seeThe Legal Status of Church Marriages in Nigeria.

Can You Remarry After a Foreign Divorce in Nigeria?

Some Nigerians who married in Nigeria but later moved abroad obtain divorce in foreign countries.
Such foreign divorce decrees may be recognised in Nigeria, but only if they satisfy certain legal conditions.

Section 81 of the Matrimonial Causes Act provides that a dissolution or annulment of marriage obtained in a foreign country will be recognised in Nigeria where the relevant party was domiciled in that country at the time the proceedings were instituted.

Section 81(7) further provides that a foreign divorce will not be recognised if it was obtained by fraud or if a party was denied natural justice.

In simple terms, a foreign divorce will only be recognised if the foreign court had proper jurisdiction under the rules of private international law.

If these requirements are satisfied, the marriage will be treated as legally dissolved in Nigeria and the parties may remarry.

For Nigerians dealing with cross-border divorce issues, seeHow to Divorce in Nigeria While Living Abroad.

Conclusion

Remarriage after divorce in Nigeria is lawful only when the previous marriage has been completely dissolved.

Separation, church declarations, judicial separation, or decree nisi do not end a marriage. The marriage continues until the court grants decree absolute.
Section 33 of the Matrimonial Causes Act makes this position clear. The right to remarry arises only after the decree of dissolution has become absolute.

Entering another marriage before the divorce becomes final may result in the second marriage being invalid and may expose the parties to serious legal consequences.

Understanding these rules helps people avoid costly mistakes and ensures that their new marriage is valid under Nigerian law.
If you are considering remarriage after divorce and you are unsure about your legal position, speaking with an experienceddivorce lawyer in Nigeria can help you avoid problems that may arise later.

Frequently Asked Questions

Can I remarry immediately after divorce in Nigeria?

No. You can only remarry after the court issues decree absolute, which legally dissolves the marriage.

Is decree nisi enough to remarry?

No. Decree nisi is only a provisional order. The marriage continues until the decree becomes absolute.

How long after divorce can you remarry in Nigeria?

Usually three months after decree nisi, when it becomes decree absolute, unless the court orders otherwise.

Can separation allow remarriage?

No. Separation, no matter how long it lasts, does not dissolve a marriage.

Can you remarry after church divorce?

No. A church declaration does not dissolve a statutory marriage. Only a High Court can dissolve such a marriage.

Can someone remarry after customary divorce?

Yes, if the marriage was purely customary. However, statutory marriages must be dissolved by the court.

Can a Nigerian remarry after a foreign divorce?

Yes, if the foreign divorce is recognised under Nigerian law and the foreign court had proper jurisdiction.

Legal Disclaimer

This article is provided for informational purposes only and does not constitute legal advice. Family law issues often depend on the specific facts of each case. Anyone dealing with divorce, remarriage, or matrimonial disputes should seek advice from a qualified legal practitioner.
For further inquiries on divorce and related matters, you may call or send WhatsApp messages to +2349045532566.

Ebelechukwu Aroh-Nwoka Esq