If you’re considering a non-Nigerian divorce in Nigeria, understanding the role of domicile, legal grounds, and high court jurisdiction is crucial. Now, are you a non-Nigerian married to a Nigerian under Nigeria’s federal marriage registry and seeking to dissolve your marriage? At Vassalcrest Attorneys, we understand the confusion that reigns supreme when navigating divorce in Nigeria, especially for international clients. This simple and easy-to-understand guide outlines the process for dissolving a statutory marriage in Nigeria under the Matrimonial Causes Act, providing clarity and direction for non-Nigerians. Our experienced family law team supports various clients in achieving seamless legal outcomes.

Understanding Statutory Marriages and Non-Nigerian Divorce in Nigeria

A statutory marriage, commonly known as a registry or court marriage is conducted under Nigeria’s Marriage Act at a federal marriage registry, such as Ikoyi or Abuja. These marriages are governed by the Matrimonial Causes Act, which provides the legal framework for divorce. Whether one or both spouses are non-Nigerians, the same legal process applies. The marriage must be formally dissolved through a State High Court.

VIRTUAL HEARINGS FOR NON-NIGERIAN CLIENTS OR CLIENTS IN THE DIASPORA.

Virtual hearings are officially recognized in Nigerian courts, making it easier for non-Nigerians and Nigerians in the diaspora to file for divorce without being physically present. With court approval, parties can attend hearings remotely via secure platforms like Zoom or Microsoft Teams. This development under the Matrimonial Causes Act allows petitioners to present evidence, submit affidavits, and participate in proceedings through their lawyer without the cost or stress of international travel—offering a more accessible and efficient path to dissolving a statutory marriage in Nigeria.

Grounds for Non-Nigerian Divorce in Nigeria: What the Law Requires.

The law mostly allows divorce where the marriage has broken down irretrievably. To prove this, the petitioner must establish at least one of the following grounds:

• Adultery: Your spouse committed adultery, and you can no longer live together.
• Unreasonable behavior: Your spouse’s behavior (e.g., cruelty or abuse) makes cohabitation intolerable.
• Desertion: Your spouse abandoned you for at least one year.
• Separation: You’ve lived apart for two years (with consent) or three years (without consent).
• Refusal to consummate: Your spouse refuses to engage in sexual relations.
• Failure to comply with a court order: Your spouse disobeyed a court order requiring you to live together.
• Presumed death: Your spouse has been missing for seven years or more.

Supporting evidence such as documents, witness statements, or photos may be required.

RESIDENCY OR DOMICILE

In Nigerian divorce proceedings under the Matrimonial Causes Act, residency and connection to Nigeria play a crucial role in determining whether the State High Court has jurisdiction to hear the case. Here’s what you need to know about residency requirements:

1. At Least One Party Must Be Connected to Nigeria

For a Nigerian court to have jurisdiction to dissolve a statutory (registry) marriage, at least one of the spouses must be domiciled in or habitually resident in Nigeria at the time of filing the petition. The Matrimonial Causes Act refers primarily to domicile, which generally means:

• For Nigerian citizens, Nigeria is presumed to be their domicile unless they have permanently settled elsewhere and acquired another domicile.
• For non-Nigerians, they must show that they have been habitually resident in Nigeria for at least one year immediately preceding the filing of the petition.

2. Foreigners Married in Nigeria Can File for Divorce in Nigeria

Even if one or both parties are not Nigerian citizens, they can file for divorce in Nigeria if the marriage took place in Nigeria and one party is domiciled or resident in Nigeria. This is especially common for non-Nigerians married under the Marriage Act at a federal marriage registry (e.g., Ikoyi or Abuja).

3. Filing State Depends on Residency

The petition may be filed in the State High Court where:

• Either party currently resides,
• The marriage was contracted, or
• The respondent is located, if known.

4. Overseas Petitioners

If you’re living abroad, you can still initiate divorce proceedings in Nigeria through a lawyer, as long as your spouse resides in Nigeria or you satisfy the domicile or habitual residence requirement. VIRTUAL HEARINGS ARE ALLOWED IN NIGERIAN COURTS.

Wife’s Domicility in Nigerian Divorce Law

Under Nigerian law, specifically the Matrimonial Causes Act and rooted in common law principles, a wife’s domicile is generally tied to her husband’s domicile during the subsistence of the marriage. Here’s how it works in practice:

Derived Domicile Rule

During marriage, a wife is legally presumed to adopt the domicile of her husband. This means:

• If the husband is domiciled in Nigeria, the wife is also deemed domiciled in Nigeria—regardless of her nationality or where she currently resides.
• This gives the Nigerian court jurisdiction to hear the divorce petition, even if the wife herself lives abroad.

If the Wife is Filing for Divorce

• If she files, and the husband is domiciled in Nigeria, her petition can be brought before a Nigerian court based on the husband’s domicile.
• If the husband is not domiciled in Nigeria, she must prove her own independent domicile or habitual residence in Nigeria for at least one year prior to filing.

After the Separation or Breakdown of Marriage

Once a marriage has broken down or parties have separated, a wife may establish her own domicile, distinct from her husband’s. In such a case:

• She can initiate divorce proceedings in Nigeria if she is domiciled or has been habitually resident in Nigeria for at least one year.
• She must show a real and permanent connection to Nigeria (e.g., residing, working, owning property).

Step-by-Step Process to Dissolve a Marriage in Nigeria

Dissolving a statutory marriage follows a specific legal procedure under the Matrimonial Causes Act:

Step 1: Consult a Family Lawyer

Engage a qualified Nigerian lawyer experienced in matrimonial law. Divorce proceedings can only be initiated through a lawyer at the State High Court. The lawyer will assess your case, advise you on your rights, and determine the appropriate legal grounds for divorce.

Step 2: Gather Documents and Evidence

You will need the following:

• Original or Certified True Copy (CTC) of your marriage certificate
• Evidence to prove irretrievable breakdown of marriage (e.g., proof of adultery, abuse, separation, or desertion)
• Documents relating to children (if any) and marital property
• Valid means of identification

Step 3: File a Divorce Petition

Your lawyer will prepare and file a petition for dissolution of marriage at the State High Court in the jurisdiction where you reside or where the marriage took place. The petition includes:

• Details of the marriage
• Legal grounds for divorce
• Requests for custody, maintenance, and property division
• Affidavits and exhibits as evidence

Step 4: Serve the Divorce Petition

The court will issue the petition and ensure it is formally served on the other party (the respondent). If the respondent is not in Nigeria, international service may be arranged in line with Nigerian law.

Step 5: Respondent’s (Spouse) Reaction

The respondent may:

• Agree and file no objection (uncontested divorce)
• Dispute the petition and file a response (contested divorce)

Step 6: Court Hearing

A hearing date is scheduled. Both parties (or their lawyers) appear in court to present evidence and testify. Witnesses may be called. If one party is absent but properly served, the court may proceed with the case.

Step 7: Decree Nisi

If the court is satisfied that the marriage has broken down irretrievably, it will issue a Decree Nisi, a provisional divorce order. This gives both parties three months to object or appeal.

Step 8: Decree Absolute

After three months, if no objection is raised, the court will issue a Decree Absolute, which finalizes the divorce. At this point, the marriage is legally dissolved, and either party is free to remarry.

Step 9: Post-Divorce Matters

Depending on the case, the court may also issue final orders on:

• Child custody and access
• Spousal or child maintenance
• Property settlement

Legal representation is important to ensure your rights are protected in these areas.

Key Considerations for Non-Nigerians

• Jurisdiction: Nigerian courts have jurisdiction over statutory marriages regardless of the parties’ nationality.
• Residency: Either spouse must have a connection to Nigeria, such as residence or location of marriage. We file in the most appropriate state.
• Children and property: Nigerian courts address custody, maintenance, and property matters equitably under the Matrimonial Causes Act.
• Timeline: The process may take several months depending on case complexity and court schedules.
• International recognition: Nigerian divorces are generally accepted internationally, but confirmation from your home country may be advisable.

Why Choose Vassalcrest Attorneys?

At Vassalcrest Attorneys, we provide bespoke legal services to non-Nigerians seeking divorce in Nigeria. Our team is known for:

• Expertise in high-net-worth family law cases
• Discreet handling of sensitive matters
• Strategic advice on custody, assets, and global legal coordination
• Dedicated service from filing to judgment
• Family Mediation

We’ve successfully assisted clients from the U.S., U.K., Canada, and other jurisdictions dissolve marriages in Nigeria without unnecessary delays.

Disclaimer

This article is for general informational purposes only and does not constitute legal advice. Divorce proceedings under the Matrimonial Causes Act require expert legal guidance. For tailored advice, please consult a qualified lawyer or reach out to Vassalcrest Attorneys at +234 201 330 9474 or email legal@vassalcrestattorneys.com. We’re here to help you navigate your divorce with confidence.