Dissolving a marriage is a formal, legal process that marks the end of a marital union, commonly known as divorce. To embark on this legal journey in Nigeria, the marriage must be a statutory one, evidenced by a valid Marriage Certificate under the Matrimonial Causes Act. While Nigeria might seem like a world of secrets to Westerners, a closer look at its cultures and traditions reveals a society not too different from other patriarchal structures, especially in matters of matrimony.
Unique Marital Values in Nigeria
Nigeria’s approach to marriage and divorce is influenced by its philosophy of an ideal family. Surprisingly, the current divorce rate in Nigeria is three times lower than that in the USA, showing distinctive marital values, trends, and factors affecting divorce rates in the country.
Grounds for Divorce In Nigeria
According to the Matrimonial Causes Act, the sole ground for divorce is the irretrievable breakdown of the marriage. To establish this, the petitioner must prove specific facts, including the wilful refusal to consummate the marriage, adultery, intolerable behaviour, desertion, or living apart for a certain period. Successful proof leads to a decree nisi, automatically becoming absolute after three months unless appealed.
Initiating Divorce Proceedings
Notably, a petition for dissolution cannot be filed within the first two years of marriage without court approval. Even with the exception, instances like wilful refusal to consummate, adultery, or grave offences such as rape, sodomy, or bestiality can bypass this rule.
Discussing divorces openly in Nigeria is rare, with a strong societal taboo and stigma attached. Grounds for divorce include unacceptable behaviour, such as infidelity, drunkenness, incurable diseases, criminal convictions, and living apart for over two years, which is a common reason cited. However, couples must have lived together for at least two years before filing for divorce.
Societal Dynamics and Family Structure
In Nigeria, the family is revered as the cornerstone of a generation and viewed as indestructible. Despite societal norms, divorce cases have increased, evidenced by reports from various regions. The reluctance to openly discuss divorces is linked to societal perceptions, where divorcees face stigmatization and bring shame to their families.
Domestic Challenges
Hidden behind closed doors are instances of domestic violence, where challenging a husband’s actions can lead to being ignored or, worse, subjected to violence. Traditional norms, such as allowing men to have multiple wives, contribute to the complexity of marital dynamics. Financial dependence, limited rights for women, and societal expectations create barriers to leaving an unhappy marriage.
The Rate Of Divorce In Nigeria
In Nigeria, discussions around divorces are often relegated to the shadows. Families shying away from acknowledging marital struggles perpetuate a stigma against divorcees. The very notion of divorce is considered a cultural taboo, deemed unsuitable for public discourse.
Despite this cultural reluctance, various grounds for divorce exist in Nigeria, rooted in unacceptable behaviour and detrimental habits. Infidelity, drunkenness, incurable diseases, criminal convictions, and intoxication are among the factors leading to marital dissolution. OnlineDivorce, a company specializing in divorce document preparation, highlights that the most prevalent reason for divorce proceedings in Nigeria is couples living apart for over two years, a separation that legally requires acknowledgement.
Navigating the intricacies of Nigerian divorce courts, spouses must cohabitate for at least two years to initiate divorce proceedings. A shorter duration renders them ineligible, even after a disastrous marriage. Both partners must demonstrate incompatibility and a strong desire to terminate the union. Additionally, Nigerian law mandates a cooling-off period before finalizing the divorce, ranging from six weeks to a year.
Unlike Western societies, divorce cases are relatively uncommon in Nigeria; a phenomenon anthropologists attribute to societal perceptions of divorcees. Divorcees are not only burdened by an inappropriate status but also by the shame they supposedly bring to their families.
In Nigeria, the family is revered as the central institution, considered the unshakeable cornerstone of a generation. However, certain circumstances, such as the death of a spouse, can lead to familial disintegration.
Domestic violence, prevalent worldwide, remains largely concealed in Nigeria. Wives challenging their husbands’ transgressions risk being ignored or subjected to even graver consequences. Traditional Nigerian men, permitted to have multiple wives, often view losing one as less tragic. Women, especially in Islamic regions of Northern Nigeria, face restricted rights, including limited communication with strangers and incomplete discourse with their husbands. Financial dependency on husbands is widespread, with men being the primary source of income, leaving women responsible for childcare and household duties. The only escape from an unhappy marriage is through the initiation of a divorce case.
Official statistics from 2016 suggested that divorce rates in Nigeria were relatively low, with only 0.2% of men and 0.3% of women legally dissolving their marriages. However, recent reports in 2018 indicate a 14 percent surge in separation rates, portraying a concerning trend.
For instance, in Badagry, Lagos, 3,000 divorce cases were recorded in 2018. A 2019 report titled ‘Deciphering the High Rate of Divorce in Nigeria’ revealed over 1 million registered divorcees in Kano state alone.
Moreover, at the Social Development Secretariat, Federal Capital Development Authority (FCDA), 20 to 30 divorce cases are reported daily. Federal Capital Territory (FCT) High Court records indicate over 2,000 divorce cases filed between 2019 and February 2020. Despite efforts to reconcile couples through arbitration panels, the figure is higher within the FCT in Customary Courts, Alkali, and Sharia Customary Courts.
Frequently Asked Questions
- What are the primary grounds for divorce in Nigeria?
- The Matrimonial Causes Act outlines grounds such as adultery, desertion, and irretrievable breakdown of the marriage.
- How do traditional norms impact divorce in Nigeria?
- Traditional norms contribute to the perception of family as indestructible, contrasting with rising divorce rates.
- Are there regional differences in divorce rates?
- Yes, regions like Lagos and Kano report significant numbers, challenging the notion that divorce is rare in Nigeria.
- What challenges do divorcees face in Nigerian society?
- Divorcees encounter societal challenges, including stigma and judgment, impacting their post-divorce lives.
- How does religion influence divorce decisions in Nigeria?
- Religious beliefs play a significant role in marital decisions, affecting the complexities of divorce proceedings.
