Wetin Be The Law Wey Follow Divorce For Naija?

 Wetin Be The Law Wey Follow Divorce For Naija?

Divorce fit happen if both party nor fit live together happily. E get divorce rules for Naija wey fit allow divorce make e happen. See them for here.

As e dey be, wen man and woman gree to become husband and wife, dem dey make de agreement for beta or for worse. But nor be so e dey always, person wey enta marriage fit change character and to dey live together fit dey harmful for one party or both. People nor dey really pray for separation after dem don join dem together, but some cases fit cause make both party gree make each other find im way. Wetin be de ground for divorce for Naija? Wetin Naija government set as divorce rules for Naija?

Because of de cultural upbringing of many Naija people, dem see divorce as one bad tin wey dem suppose avoid at all cost. Even if reasons dey to leave, dem go still dey because of questions like, wetin de society go talk? Where den wan go from dere? How den wan take start again? Who go marry dem again wen dem don drop like 2 pikin already? And because of wetin people go talk and de fear of de unknown after dem don divorce, dey prefer to stay for inside de marriage dan go for divorce.

Base on wetin The National Bureau of Statistics report as of 2016, na like 0.2 percent of men and 0.3 percent of women don legally divorce while 1 percent gree sey dem don separate- but dis number nor include people wey do only traditional marriage wey nor dey under de morden law and divorce rules for Naija nor apply to dem. Dat same year, as Shola Adekola and im group try to find wetin bin dey cause divorce, dem discover sey between January and September of 2016, only Badagry for Lagos record 30,000 failed marriage wey dey inside official document- many still dey wey nor dey for paper.

Wetin Divorce Law Yan?

 Wetin Be The Law Wey Follow Divorce For Naija?

For divorce to fit take place for Naija according to de rules of divorce for Naija;

  1. de two party suppose don marry through de customary or statutory marriage process. 
  2. de two party suppose don dey togeda as husband and wife for 2 years. If de marriage never reach two years, e get anoda process wey dem dey use for dat one- dem dey call am ‘annulment’.

Reason for Divorce According to Divorce Rule for Naija 

De main de main reason wey divorce fit take place by de law na wen tins fall apart between husband and wife and dem nor fit pick dem pieces together again – wen de whole tin break and scatter patapata. Na Matrimonial Causes Act dey control divorce process for Naija and dem arrange reasons wey fit make you file for divorce. Wetin be dese reasons:

No Consummation of de marriage

 Wetin Be The Law Wey Follow Divorce For Naija?

Dis one mean sey since una don marry, either de husband nor gree near de wife or de wife nor gree near de husband make kpekus for take place. You go prove for court sey nothing don happen since una don dey together. If una don kpekus once, na im be sey you nor fit use dis as ground to take divorce.

Case of Adultery

divorce law

Dis na one of de common reason for divorce for Naija. When de husband find sey de wife don dey commit adultery or de wife find sey de husband dey cheat and you fit prove am for court. In dis case, de person wey dem cheat on go gree sey he or she nor fit tolerate de unfaithfulness.

Presence of unreasonable conduct

Dis one too dey common dese days as reason wey dey make divorce happen for Naija. Wen one party complain sey de other party nor dey behave like person wey dey reason wella and e nor fit continue to stay with am. Behaviours wey nor dey reasonable fit be rape (yes, rape fit happen inside marriage too), over drinking, killing, beating, fighting wey dey cause injury for de oda person body.

  • Abandonment of Spouse for Long

Before you go fit use dis one as reason for you to divorce, you go prove for court sey either de man or de woman don abandon you for nor less than 1 year since de time wey you come court come seek divorce.

  • Husband and wife no dey live together

De condition wey go make court accept dis one na wen husband and wife no dey live together for nor less dan 2 years since de time wey you come court come seek divorce and de oda person no refuse de divorce.

  • Failure to Abide by court order

For dis, you must provide prove sey de oda person nor gree abide by dem court order regarding de marriage or im nor do wetin de court tell am make im do to restore una marriage.

  • Absence of de oda party

For dis, you go prove to de court sey you no know where your wife or husband dey or where im dey stay for some time. E fit be sey de husband or wife don leave you to continue with im own life or im don die and you no know.

Divorce Process for Naija

If you don conclude sey divorce na de only option for you, e get some process wey e go take. E beta make you get correct lawyer wey go helep you with filing for divorce for court. De process wey divorce dey go through na:

Petition

De person wey dey seek for divorce go file petition and give de other person. Inside de petition, de name and address of de spouse go dey, de date and place where una marry go dey, reason why you wan divorce go dey, as una wan take share property and pikin go dey, as una go dey share how una go dey pay bills of una pikin go dey, as una go share who go dey with pikin and how de other person fit visit go dey. You go submit de petition for court

  1. After you don submit your petition for court, dem go arrange am inside de court file and give am number. Na de court go come forward de petition to your husband or wife. Dem expect make im reply de petition within de period of time wey dem go give am.
  2. Petition Reply

Wen your husband or wife don reply de petition, de court go come arrange date wey dem go hear una for court. Na only wen dem reply de petition de court fit siddon to judge de mata.

Judgment

Na dis time judge go decide base on evidence and argument wey una provide if de divorce go fit happen. 

Divorce fit happen if both party nor fit live together happily. De process nor easy and e dey take time. For divorce to also take place, e must align with de divorce rules for Naija. 

Read this tori join: How to explain divorce to kids in a way they will understand

Written by

Tony S Abiodun