How to Register a Divorce in Nigeria: The Complete Legal Process (2026)

The Legal Framework: Matrimonial Causes Act

Divorce for marriages contracted under the Marriage Act — commonly known as statutory or court marriages, conducted at a Marriage Registry or a licensed place of worship — is governed exclusively by the Matrimonial Causes Act (MCA), LFN 2004. Jurisdiction lies exclusively with the High Court of a State or the Federal Capital Territory under Section 2 of the Act.

Under Section 15(1) of the MCA, there is only one legal ground for dissolving a statutory marriage: that the marriage has broken down irretrievably. This single ground is proven by establishing one or more of the eight specific facts set out in Section 15(2) — meaning a petitioner cannot simply tell the court the marriage has failed; they must demonstrate it through one of the recognised factual bases.

Statutory vs Customary Marriage: Why It Determines Everything

The very first question in any Nigerian divorce is which type of marriage was contracted, because this determines which court has jurisdiction and which law applies.

The Sole Ground and the Eight Facts That Prove It

Under Section 15(2) of the Matrimonial Causes Act, a marriage is deemed to have broken down irretrievably where the petitioner satisfies the court of one or more of the following facts:

1. Wilful and persistent refusal to consummate the marriage. Note that if sexual intercourse occurred at least once after the marriage, this specific fact can no longer be relied upon, even if intercourse subsequently ceased.
2. Adultery, combined with the petitioner finding it intolerable to continue living with the respondent. Both elements must be established — adultery alone, without the intolerability element, is not sufficient on its own.
3. Behaviour such that the petitioner cannot reasonably be expected to continue living with the respondent. This is the modern equivalent of what is often called “unreasonable behaviour” and covers a wide range of conduct including cruelty, addiction, or other conduct making continued cohabitation intolerable.
4. Desertion for a continuous period of at least one year immediately preceding the petition, meaning the respondent has abandoned the matrimonial home without justification.
5. Living apart for a continuous period of at least two years, with the respondent’s consent to the divorce.
6. Living apart for a continuous period of at least three years, which does not require the respondent’s consent.
7. Failure to comply with a decree of restitution of conjugal rights.
8. Presumption of death, where the respondent has been absent for such time and circumstances as to provide reasonable grounds to presume they have died (generally aligned with the seven-year presumption under the Evidence Act 2011).

A petition generally cannot be filed within the first two years of marriage except with the leave of the court, which is granted only in cases involving exceptional circumstances or hardship.

The Divorce Process, Step by Step

1. Confirm marriage type and jurisdiction. Verify the marriage was conducted under the Marriage Act, and identify the appropriate High Court — either where either party resides or where the marriage took place.
2. Engage counsel and prepare the petition. The petition must set out the details of the marriage (date, place, parties), the fact(s) relied upon under Section 15(2), proposals regarding child custody and maintenance where applicable, proposals regarding matrimonial property, and the specific reliefs sought.
3. File the petition together with supporting documents — the marriage certificate (or acceptable secondary proof where the original is unavailable), and a Notice of Petition for Decree of Dissolution of Marriage.
4. Service on the respondent, who then has an opportunity to respond, admit or contest the facts alleged, and raise any cross-petition or counterclaim.
5. Case management and, where contested, trial. Where the respondent contests the petition, the matter proceeds to a hearing where evidence is presented supporting or disputing the alleged facts.
6. Decree Nisi. Where the court is satisfied the ground is established, it issues a Decree Nisi — a provisional decree, not yet final.
7. Decree Absolute. After a statutory waiting period (during which the Decree Nisi can, in limited circumstances, be challenged), the Decree Nisi is made absolute, formally and finally dissolving the marriage.

Matrimonial Property Division: What Nigerian Courts Actually Do

A common and significant misconception among Nigerian couples is that marriage automatically entitles a spouse to an equal share of matrimonial property upon divorce. This is not the legal position. As confirmed by the Court of Appeal in the 2025 case of Aguolu v. Aguolu, the mere existence of a marriage — even a long one — does not entitle a party to an equal share of assets. A party must show evidence of material contribution to the acquisition of specific property before participating in its division.

This makes documentation of financial and non-financial contributions to matrimonial property genuinely important — both during the marriage and, critically, in preparation for a potential divorce petition. This intersects directly with broader wealth structuring considerations covered in our Tax and Wealth Structuring guide.

Child Custody and Maintenance

Where children are involved, the court’s paramount consideration in custody determinations is the welfare of the child — not the preference or convenience of either parent. The petition should address proposed custody, access, and maintenance arrangements, though the court retains discretion to determine what genuinely serves the children’s best interests regardless of what the parties propose.

Common Mistakes in Nigerian Divorce Proceedings

• Filing without clearly establishing which statutory fact will be relied upon. A petition that vaguely asserts the marriage has failed, without specific evidence supporting one of the eight Section 15(2) facts, faces genuine risk of failure.
• Assuming automatic 50/50 property division. As confirmed by recent Court of Appeal authority, contribution must be proven — assuming an equal share without documented evidence of contribution can significantly undermine a party’s position.
• Losing or never having the marriage certificate. While Nigerian law does allow for alternative proof of marriage in specific circumstances, this materially complicates and can delay proceedings — locating or obtaining a certified copy of the marriage certificate early is worthwhile.
• Filing before the two-year mark without seeking leave of court where required. This is a straightforward procedural error that can derail an otherwise properly prepared petition.