Divorce in Nigeria: What the Court Actually Considers

A statutory marriage is dissolved on proof that the marriage has broken down irretrievably, established through defined facts such as prolonged separation, desertion, or behaviour the petitioner cannot reasonably be expected to endure.

The petition must be filed at the High Court, and generally cannot be brought within two years of the marriage without leave.

On custody, the welfare of the child is paramount. The court weighs age, stability, schooling, the conduct of each parent and, where the child is mature enough, the child's own wishes.

Maintenance covers both spousal support and child maintenance, assessed against needs and means rather than a fixed formula.

Property settlement turns on contribution and the terms of any prenuptial arrangement. Documentation of contribution is decisive, so gather it early.

Settlement through negotiation or mediation is usually faster, cheaper and less damaging to the children — but it must be reduced to terms the court can adopt.