Divorce petitions
Preparing, filing and prosecuting petitions for dissolution, and defending or cross-petitioning when you are served.
Family law and divorce lawyers in Lagos
When a marriage ends, the legal steps carry real weight: your children, your home, your finances. We guide you through divorce and related proceedings with care, clarity and discretion.
Jurisdictions served Lagos · Ogun · Oyo · Abuja
What we handle
Matrimonial causes and family matters.
We act for petitioners and respondents, from the first petition through the final decree, and on applications made after it.
Custody & access
Arrangements for the custody, welfare, education and maintenance of children of the marriage.
Maintenance
Maintenance for a spouse and for the children, pending the suit and after the decree, and variation of existing orders.
Settlement of property
Orders settling the matrimonial home and other property between spouses, for their benefit and that of the children.
Nullity & judicial separation
Decrees of nullity for void or voidable marriages, and judicial separation where a spouse does not wish to divorce.
Nigeria–UK family matters
Parallel proceedings, jurisdiction disputes and recognition of foreign decrees between Nigeria and England.
Protection orders
Protection from domestic violence under the Violence Against Persons (Prohibition) Act and State domestic violence laws.
Customary & Islamic marriages
Advice on how these marriages are dissolved and on children and property when they end.
Settlement agreements
Negotiated terms on children, maintenance and property, recorded so they can be enforced.
The process
How a divorce proceeds in Nigeria.
Every case is different, but a petition under the Matrimonial Causes Act follows this general course.
Consultation
We review the marriage, the facts relied on and what you need to protect.
Petition
The petition and supporting documents are filed at the High Court.
Service & answer
Your spouse is served and may file an answer or cross-petition.
Hearing
The court hears evidence on the breakdown and on any ancillary claims.
Decree nisi
If satisfied, the court grants a decree nisi.
Decree absolute
The decree ordinarily becomes absolute after three months, ending the marriage.
Grounds for divorce
The marriage must have broken down irretrievably.
That is the only ground for divorce in Nigeria. The court will find it proved if the petitioner establishes one or more of these facts:
- (a)The respondent has wilfully and persistently refused to consummate the marriage.
- (b)The respondent has committed adultery and the petitioner finds it intolerable to live with them.
- (c)The respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with them.
- (d)The respondent has deserted the petitioner for at least one year.
- (e)The parties have lived apart for at least two years and the respondent does not object to the decree.
- (f)The parties have lived apart for at least three years.
- (g)The respondent has failed for at least one year to comply with a decree of restitution of conjugal rights.
- (h)The respondent has been absent long enough, in circumstances that give reasonable grounds to presume them dead.
Matrimonial Causes Act, Cap. M7, Laws of the Federation of Nigeria 2004, section 15.
Which marriages this covers
Divorce in the High Court applies to statutory marriages, conducted under the Marriage Act. Customary and Islamic marriages are dissolved under their own systems.
The two-year rule
A divorce petition generally cannot be filed within two years of the marriage without the court's leave, except on certain grounds.
Reconciliation
The court is required to consider whether reconciliation is possible, and may adjourn proceedings for that purpose.
Children come first
In custody decisions, the welfare of the children is the paramount consideration.
Questions
Common questions about divorce in Nigeria.
General information only. Your circumstances may change the answer, so please speak to us before acting.
How long does a divorce take in Nigeria?
It depends mainly on whether your spouse defends the petition and on the court's calendar. An undefended petition moves considerably faster than a contested one. Once the court grants a decree nisi, it ordinarily becomes absolute after three months, and only then is the marriage formally dissolved.
Can I file for divorce within two years of marriage?
Generally, no petition for divorce can be filed within two years of the marriage without the leave of the court. The court grants leave only in limited circumstances, such as exceptional hardship to the petitioner, and some grounds, including adultery and wilful refusal to consummate, are exempt from the rule.
Do I have to prove my spouse was at fault?
The only ground for divorce is that the marriage has broken down irretrievably. You prove this by establishing one of the facts set out in the Matrimonial Causes Act. Some are fault-based, such as adultery or intolerable behaviour, but others are not: living apart for two years where your spouse does not object, or for three years in any case.
Can a customary or Islamic marriage be dissolved at the High Court?
No. The Matrimonial Causes Act and the High Court's divorce jurisdiction apply to statutory marriages, conducted under the Marriage Act at a registry or licensed place of worship. Customary marriages are dissolved before customary courts or by customary procedure, and Islamic marriages under Islamic law. We can advise on which route applies to your marriage.
Who gets custody of the children?
In deciding custody, the court treats the welfare of the children as the paramount consideration. It can make orders for custody, access and the children's maintenance and education, and those orders can be varied later if circumstances change.
I live in the UK. Can I file for divorce in Nigeria?
A person domiciled in Nigeria can generally bring proceedings here even while living abroad. Where proceedings are, or may be, brought in both Nigeria and England, questions of which court should hear the case, and whether a decree in one will be recognised in the other, need early advice. We handle Nigeria–UK matters of this kind.
Contact
Speak to us in confidence.
Tell us briefly where things stand: whether a petition has been filed, whether there are children of the marriage, and any court dates. Please keep details short until we have checked there is no conflict of interest.
Office
3rd Floor, 23 Hughes AvenueYaba, Lagos State, Nigeria
Telephone