Many Nigerians have been misled by various mediums to believe that divorce (dissolution of marriage) can happen with just the consent of the parties to the marriage which would be evidenced by their signing of the “divorce papers”. I’m here to wipe that mirage from your eyes as there is nothing as “divorce papers” under the Nigerian law.
It must be stated that for parties to get a divorce, there are certain conditions that must be met according to law that is, according to the Matrimonial Causes Act. Also the dissolution can only be ordered by a court of competent Jurisdiction I.e. the State High Court.
GROUND FOR DIVORCE
Under the Nigerian law, there is only ONE GROUND for the dissolution of marriage, and that is ‘the marriage has broken down irretrievably’. This is by virtue of Section 15(1) of the Matrimonial Causes Act of 2015. This means that all efforts to revive the marriage has proved to be fruitless.
Now the question is, what are the means by which one can show the court that the marriage has broken down irretrievably.
There are several ways to prove the above position, and the Petitioner (the person seeking divorce) need only to establish one. There are as follows
1. Non consummation of the Marriage: This is the continuous and intentional refusal to perform the marital act by either of the parties to the marriage, after the marriage has been done. This is provided for in Section 15 (2) (a) of the Matrimonial Causes Act.
2. Adultery: This is where any of the party is having an extra marital affair and their spouse in the marriage finds it intolerable. This is provided for in Section 15 (2) (b) of the Matrimonial Causes Act.
3. Intolerable Behaviour: This is where one of the parties to the marriage starts exhibiting behaviors that the Petitioner cannot reasonably be expected to live with. This behavior must have developed in the marriage and ought to be considered acts of cruelty and wickedness. This is provided for in Section 15 (2) (c) of the Matrimonial Causes Act.
4. 1 Year Desertion: This is when the Respondent deserts or abandons the Petitioner, and the Petitioner has tried every possible means to get the whereabouts of the respondent which proved fruitless. This is provided for in Section 15 (2) (d) of the Matrimonial Causes Act.
5. 2 Year Rule: This is where both parties have been living apart for 2 years continuously, and the Petitioner with the consent of the Respondent has come to seek divorce. This is provided for in Section 15 (2) (e) of the Matrimonial Causes Act.
6. The 3 Year Rule: This is where both parties have continually lived apart for 3 years and any of the parties can approach the court for dissolution of the Marriage.
Other grounds include, failure to comply with a court order and the presumption of death. This is provided for in Section 15 (2) (g) and (h) of the Matrimonial Causes Act.
There are 3 factors that can void divorce.
1. Collusion
Section 15(3) states that the court shall not grant a decree of dissolution of marriage if it finds that the Petitioner has been guilty of collusion. This means if both parties have colluded to mislead the court into believing that the marriage has irretrievably broken down, the court will refuse the divorce.
2. Condonation
Section 26(1)(a) addresses condonation and states that the court may refuse to grant a decree if the petitioner has condoned the Respondent’s conduct. Condonation implies forgiveness, and once forgiven, that particular ground for divorce (e.g., adultery) cannot be used unless the offending spouse repeats the same conduct.
3.Connivance
Section 26(1)(b) explains that if the petitioner has been guilty of connivance, the court may refuse to grant a decree. Connivance refers to the Petitioner consenting to or being complicit in the behavior (such as adultery) they are using as a ground for divorce.
So, the next time you here divorce papers in a Nollywood production, or from your peers, you can simply smile because now you know better.
About the Author
Ejuvwevwo Oghenerume is a graduate of Delta State University, who has dedicated his time in school to loving the law and seeking means to its improvement. He is a human rights enthusiast and has a flare for family law and criminal law. He has served in a plethora of leadership positions and is still in service. He is a legal writer who has a knack of wanting to change the narrative. He is also an optimist who has used this mindset to build something for himself.
Facebook: Ejuvwevwo Alexander Oghenerume
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References
1. Matrimonial Causes Act, 2015
2. Family law by E.I Nwogugu