Divorce in Nigeria is often viewed through the lens of culture and tradition, but beneath these perspectives lies a structured legal process. This episode of Legal Matters explored how divorce is handled under statutory, customary, and Islamic legal systems — and cleared up the many myths surrounding it.
One of the most important takeaways was that the type of marriage determines the divorce route. For instance, statutory marriages must be dissolved in the High Court under the Matrimonial Causes Act (MCA). Grounds include adultery, cruelty, desertion, and prolonged separation. The legal process involves petition filing, a court hearing, and the issuance of a Decree Nisi followed by a Decree Absolute.
In contrast, customary divorces are often informal and vary across tribes—commonly requiring the return of the bride price and involvement of family elders. Islamic divorce, practiced in Sharia-compliant states, includes Talaq, Khul’, and Faskh, each with its own rules and conditions.
The episode also addressed common myths:
Returning the bride price does not legally end a statutory marriage.
Women can initiate divorce proceedings in both statutory and Islamic systems.
A religious or traditional divorce alone is not legally recognized for statutory marriages.
Lastly, the session emphasized key challenges like legal costs, delays in court, cultural stigma, and the widespread lack of legal awareness among Nigerians.
Bottom line? Understanding your marriage type and following the right legal channel is crucial for a valid divorce in Nigeria.