Divorce is normally done in some marriages. It occurs when a couple deems it fit to part ways. It is a legal way of dissolving a marriage in Nigeria and the rest of the world. A lot of people may choose to divorce because of one reason or the other, but it must be on an acceptable ground for the dissolution. As a legal process, there are many things and steps involved to carry on with the divorce. A few of these critical prerequisites is by having the necessary documents and meeting the cost of the divorce. We will be more explicit on the latter which is the cost of divorce in Nigeria presently. Also, we will outline the steps to get this done in the country.
Divorce is the legal process of discontinuing a marriage or marital union, and it is also known as dissolution of marriage. Divorce usually entails the canceling or dissolving the bonds of matrimony between a married couple. This is always in consonant with the rule of law of the particular country or state. In Nigeria, according to the constitution, there are grounds for divorce which is provided in the Matrimonial Causes Act. This is under the section 15(2) of the constitutional Act. This place states the reason or ground a couple must be able to do a divorce.
Though divorce is permitted in almost all the countries in the world, but they are some who do not allow this act. The Philippines, the Vatican City and the British Crown Dependency of Sark are the only countries that do not allow divorce in marriage. They chose to oppose it because of religious and cultural laws and beliefs.
How Much It Cost To Get a Divorce in Nigeria (2023)
The cost of divorce largely depends on the legal fees for the divorce, and it the case where it’s expensive the resultant cost will be high. In the legal dissolution of marriage, the lawyers are the forerunner of the whole process. Consequently, the lawyers involved work based on the spending plan have set out to use. The cost of getting a divorce may vary depending on how the case is. We will takes a gander at an estimated cost of divorce in the country.
On the whole, the overall amount that is needed to do the divorce process depends on the circumstances surrounding the case. In any case, recognizing what to envision and how the divorcing process run can help included parties cut down on a portion of the costs. It additionally causes you to have a distinct plan where the greater uses will in general ascent.
Let’s now know how the figure of the divorcing cost looks like. In Nigeria, depending on broad reports from different legitimate sources in the country, the general expense or cost of documenting divorce case goes between N500,000 to N1,000,000 contingent upon the court, attorneys’ charges and in some instances, the purpose behind the separation (divorce).
In spite of the fact that the general divorce process takes between one to three years, it could delay in court for some more years, and in specific cases, less. Aside from the select lawful costs, couples with conflicting variances are regularly debilitated from the court process because of individual reasons, family impact or even mutual understanding between the duo.
By and large, lawyers charge lower for separate divorce cases that are generally not entangled. These are simple cases that are not that complicated. Cases like this generally don’t hold for a really long time in court. Additionally, you wouldn’t hope to spend such a great amount on divorce cases for customary marriages. This is because, coming for divorce on this type of marriage makes the whole process quite easy. Another factor that influences the cost of divorce in Nigeria is location. Seeking for a divorce in a urban location like Abuja, Lagos and Kano may be differing from what is obtained in other parts of the country.
Grounds for Divorce in Nigeria
A divorce is not legalized without no viable ground for it to be filed. The grounds for divorce in Nigeria is stipulated in the Matrimonial Causes Act of the constitution. A situation where marriage has broken down permanently is the main acceptable ground for seeking a divorce.
Below are the grounds of divorce as stated in section 15(2) of the Matrimonial Causes Act:
- When a partner refuses to consummate the marriage.
- On case of adultery committed by one of the partner, and the other cannot tolerate it.
- When a partner behaves in a way that the the other can no longer cohabit with him/her.
- A marriage can also be dissolved in a situation where one party deserts the other for a continuous period of at least one year preceding the time of the petition.
- Also, a divorce can be meet when the parties involved in the marriage have lived apart for a continuous period of at least two years from the time of petition.
- Moreso, a dissolution of marriage can be legal if the parties in the marriage have lived apart for a continuous period of at least three years immediately.
- A situation where one party in the marriage has, for a period of not less than one year failed to comply with a decree or restitution of conjugal rights made under this Act, then a dissolution of marriage can be made.
- A divorce may be given to a party in the situation where the other party in the marriage has been absent for a duration of time that can be presumed on reasonable ground that he or she is dead.
How To Get A Divorce In Nigeria
Below are the highlighted steps to obtain a marriage divorce in the country;
- The type of marriage whether church/mosque or customary, you must know.
- Before seeking a marriage divorce, you need to understand why you want the divorce. In this, you need to have a viable ground that is in the Matrimonial Causes Act of the constitution.
- Your lawyer will file the petition for divorce in the High Court.
- Once the petition for divorce is filed in the court, a file number in the court system will be issued, and then the contents of your petition will be delivered to your spouse.
- A divorce will be granted, if the judge is satisfied with the divorce proper.
Sometimes married partner or couple seek for divorce if he or she is not longer contented with the marriage anymore. If you have been wary of the cost that implies in doing the divorce legal procedures, then this article provides the cost of getting a divorce in Nigeria. We also extend to enumerate the grounds for the divorce, and also highlighted how to get a divorce in the country.