INTRODUCTION
The divorce laws and the cost of getting a divorce in Nigeria are topical issues for any person contemplating a divorce in Nigeria.
The divorce is clearly not an extremely pleasant subject to discuss, considering its effect. Nevertheless, there could be a scenario which could make a union be inconceivable. Such situations may include chronic domestic violence, which would amount to intolerable behaviour among many other factors.
DIVORCE LAWS IN NIGERIA
The principal laws guiding the divorce process in Nigeria are Matrimonial Causes Act LFN 1990 and Matrimonial Causes Rules. These are not only laws bothering on divorce in Nigeria. There are several judicial decisions that are instrumental to the totality of laws guiding the divorce process in Nigeria.
COST OF DIVORCE IN NIGERIA
The divorce in Nigeria can be said to be just a little costly, as it has been reported. A lot of people contemplating the dissolution of a marriage often wish to know the price of obtaining a divorce in Nigeria. The fact is that there’s no fixed or specific cost for a divorce.
The reasons being that divorce proceeding involves proper litigation, which could be won or perhaps lost. With this regard, it’s advised that anyone contemplating divorce should speak and bargain with a lawyer.
Nevertheless, a lawyer would probably charge lower for a divorce matter which is unlikely going to be contentious or perhaps for customary marriage’s divorce case, compared to an extremely contentious statutory marriage, which involves ancillary issues like settlement of properties and custody.
The location of the court where the divorce petition is actually to be filed can also figure out overall cost and the duration of such a process, as the procedure might be faster to conclude in some courts compared to others.
By and large, a lawyer could charge an average of N400,000 for a divorce process where the custody of children and settlement of properties are not in contention.
Like it’s been previously said above, the important determinant in the price of divorce is actually the likelihood of contention in the proceedings. Meanwhile, a divorce petitioner or perhaps respondent facing or contemplating divorce proceedings where matters such as custody of the kids and settlement of properties are actually in high contention is actually encouraged to consult an experienced lawyer or law firm to bargain for probably a best possible fee
GROUND FOR DIVORCE
Subject to the provisions of the Act, there’s only one ground upon which court is actually entitled to dissolve a marriage, which is that the marriage has broken down irretrievably. Nevertheless, subject to the provision of 15 (2) (a) (h) of the Act, there are actually eight various species or perhaps classes of the breakdowns. The eight classes shall be restated as follows:
a. that the respondent has persistently and willfully refused to consummate the marriage;
b. that since the marriage the Respondent has committed adultery and the petitioner finds it intolerable to live with the respondent;
c. that since the marriage the respondent has behaved in such a manner that the petitioner can’t reasonably be expected to live with the respondent;
d. that the respondent has deserted the petitioner for a constant period of at least one year immediately preceding the presentation of the petition;
e. that the parties to the marriage have lived apart for a constant period of a minimum of 2 years immediately preceding the presentation of the respondent as well as the petition doesn’t object to a decree being granted;
f. that the parties to the marriage have lived apart for a constant period of a minimum of 3 years immediately preceding the presentation of the petition;
g. that the other party to the marriage has, for a period of not less than one year failed to comply with a decree or perhaps restitution of conjugal rights made under that Act;
h. that the other party to the marriage has been absent from the petitioner for time that is such and in circumstances that are such as to provide good grounds for presuming that he or she is dead.
By and large, it’s obvious the reasons for grounds for the description of marriage are actually expanded enough to contain most of the issues couple ordinarily raised in the divorce. Nevertheless, each and every one of them may also pose huge difficulties to establish in court. A party contemplating a dissolution of marriage should contact a lawyer to discuss the specific reasons upon which the divorce is actually being sought and for more explanation on every one of the species of the breakdown and the way they fit into individual circumstances.
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CAN SOMEONE GET A FREE DIVORCE IN NIGERIA?
We usually get this sort of above question from the members of the public who due to the temporary financial difficulties are actually not able to afford the engagement of the services of a lawyer for divorce matters.
Meanwhile, the answer to the above-mentioned question is actually both Yes and No. It’s YES in the sense that a divorce petitioner at the customary court doesn’t always need to engage a lawyer in a divorce process. A party with a customary marriage may just engage the services of a lawyer just for the drafting of the simple customary court divorce petition and represent himself or herself personally in the court.
The answer to the above question may also be said to be NO, where the marriage to be divorced is actually a statutory marriage. This’s because a statutory marriage can only be divorced at the High Court, which happens to be a court of a superior record. It is a court, which is strictly adhered to certain norms and rules and non-lawyer might not be suitable to represent himself or herself in such a court.
Therefore, the services of a lawyer are not only forced to draft the lengthy divorce petition at the High Court, but lawyers are also needed to represent either the divorce parties (respondent or petitioner) throughout the divorce process.
An indigent person with statutory marriage seeking a divorce may contact some law firms in his or perhaps the vicinity of her to inquire whether they offer pro bono services. Nevertheless, lawyers rarely offer free or pro-bono services for a divorce matter since it’s not considered a grave legal issue that might warrant the free services of lawyers, but a lawyer may greatly subsidize the cost of divorce for an indigent person on the compassionate ground.
DURATION OF A DIVORCE
Another fact every prospective divorce petitioner often seeks to know is the duration of the process. A divorce of customary marriage may be as fast as two months in customary court, especially where there are actually no contentions. But the divorce of statutory marriage in High Court might never be under six months even without any contention. In reality, a highly contentious divorce case could take over two years to be concluded.
CONCLUSION
To conclude, it’s worthy of note that the divorce process has never been a smooth or easy process in Nigeria. The Nigerian courts are usually not enthusiastic to divorce couple. Additionally, the laws of ours, particularly the Matrimonial Causes Act as well as the Matrimonial Causes Rules, which govern the divorce proceedings in Nigeria are not tailored to support an easy or no-fault divorce.
The Nigerian laws are more reluctant to divorce due to the need to protect family values and kids of the marriage. For example, with the big rise in the Nigerian population and with huge amounts of the divorce petitions, a statutory marriage divorce can only still be filed and heard in the High court of the states, which are actually very few in numbers.
The procedure would have been easier had the courts of summary jurisdiction as Magistrate courts are actually allowed to hear divorce cases.
Giving a jurisdiction or perhaps permission to Magistrate Courts to hear a divorce petition would require the amendment of the Nigerian main divorce legislation, the Matrimonial Causes Act by the National Assembly.
By Olusola Jegede, MCIArb, a Senior Partner at Resolution Law Firm
Email: ojegede@resolutionlawng.com
