Nigeria Divorce Guide: Laws, Process & Costs
Everything you need to know about divorce in Nigeria.5 in-depth guides covering your rights, costs, and options.
Legal System
Multiple: statutory, customary, Islamic law
Divorce Type
Varies by legal system; statutory: fault-based or irretrievable breakdown
Waiting Period
Varies
Average Cost
₦100,000–5,000,000+
Property System
Statutory: separate property; customary: varies by ethnic group; Islamic: separate property
Residency
Domicile in Nigeria
Divorce Law in Nigeria: Overview
Nigeria operates three parallel legal systems for marriage and divorce: statutory (based on English common law), Islamic Sharia (in 12 northern states), and customary (traditional tribal law for 250+ ethnic groups). Which system governs your divorce depends entirely on how you were married. Statutory marriages under the Marriage Act provide the most gender-equal protections. Islamic divorces follow Sharia principles: talaq (husband-initiated) and khula (wife-initiated). Customary divorces vary enormously by ethnic group — in some traditions, the bride price must be returned for the divorce to be valid, effectively trapping women who cannot afford repayment.
Key Legislation
Matrimonial Causes Act 1970
Governs statutory (Act) marriages. Based on English law.
Marriage Act (Cap. M6)
Registration and validity of statutory marriages.
Various state Sharia Acts
12 northern states have enacted Sharia penal and family law.
Customary law (unwritten)
Varies by ethnic group. Some codified, most unwritten.
Grounds for Divorce
- ●Statutory: adultery, unreasonable behaviour, desertion (1 year), separation with consent (2 years), separation without consent (3 years)
- ●Islamic: talaq (husband), khula (wife returns mahr), faskh (judicial for harm)
- ●Customary: varies by ethnic group — often requires family/community involvement and bride price return
How to Divorce in Nigeria: Step-by-Step
Determine applicable law
Based on type of marriage: Act marriage, Islamic marriage, or customary marriage.
Statutory: file at High Court
Petition for divorce under Matrimonial Causes Act.
Islamic: Sharia court
File at the Area Court or Upper Sharia Court in northern states.
Customary: family negotiation
Often involves both families. Bride price return may be required.
Court decree
For statutory and some Islamic divorces. Customary divorce may not require court involvement.
Recent Legal Reforms
Ongoing efforts to harmonize family law across legal systems using constitutional equality provisions.
State-level reforms in southern states strengthening women's property rights.
What Makes Nigeria Divorce Unique
- →Three parallel legal systems: statutory, Islamic, and customary
- →250+ ethnic groups with different customary divorce rules
- →Bride price return required in many customary divorces — can trap women
- →Forum shopping possible: filing in statutory court vs. customary court changes available protections
- →Constitutional equality provision can override discriminatory customary or religious rules
Nigeria Divorce Statistics
~40% customary, ~30% Islamic, ~30% statutory
Marriage types
Low (social stigma, economic barriers)
Divorce rate
Nigeria Divorce Guides
Nigeria Property Division
How assets and debts are divided
Nigeria Spousal Support
Maintenance and alimony
Nigeria Child Custody
Custody and parenting arrangements
Nigeria Divorce Process & Timeline
Steps and how long it takes
Nigeria Divorce Costs
Fees, costs, and legal aid
Every situation is different
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Legal Disclaimer: This article covers Nigeria divorce law for general informational purposes only and does not constitute legal advice. Laws change frequently. Always consult a qualified family law attorney or solicitor in Nigeria for advice specific to your situation.