Post by AOJ LAW LOUNGE (@aojlawlounge)

18 May 2026

MARRIAGE PALAVER AND DIVORCE IN NIGERIA UNDER THE LAW

NOTE: There is only one GROUND for the DISSOLUTION OF MARRIAGE IN NIGERIA:

By the provisions of Section 15(1) of the Matrimonial Causes Act (MCA), CAP M7, Laws of the Federation of Nigeria (LFN) 2004, the sole ground for the dissolution of marriage in Nigeria is THAT THE MARRIAGE HAS BROKEN DOWN IRRITRIEVABLY.

What then are the specific ingredients (facts) required to prove that the marriage has broken down irritrievably?

THESE ARE THE INGREDIENTS (FACTS) FOR DISSOLUTION OF MARRIAGE ON GROUND THAT THE MARRIAGE HAS BROKEN DOWN IRRETRIEVABLY:

Under Section 15(2) of the MCA, a court hearing a petition for a decree of dissolution of a marriage shall hold the marriage to have broken down irretrievably if the petitioner satisfies the court of ONE or MORE of the following facts:

(a)
that the respondent has wilfully and persistently refused to consummate the marriage;

(b)
that since the marriage the respondent has committed adultery and the petitioner finds it intolerable to live with the respondent;

(c)
that since the marriage the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent;

(d)
that the respondent has deserted the petitioner for a continuous period of at least one year immediately preceding the presentation of the petition;

(e)
that the parties to the marriage have lived apart for continuous period of at least two years immediately preceding the presentation of the petition and the respondent does not object to a decree being granted;

(f)
that the parties of the marriage have lived apart for a continuous period of at least three years immediately preceding the presentation of the petition;

(g)
that the other party to the marriage has for a period of not less than one year failed to comply with a decree of restitution of conjugal rights made under the Act;

(h)
that the other party to the marriage has been absent from the petitioner for such time and in such circumstances as to provide reasonable ground for presuming that he or she is dead.

NANNA V. NANNA (2006) 3 NWLR (Pt. 966) 1

NOTE FURTHER that by Section 16(1) (a) & (b) of the MCA, the court hearing the petition for a decree of dissolution of marriage shall hold that the petitioner has satisfied the court of the FACT mentioned in sub-paragraph 2(c) of Secrion 15 above, if the petitioner can prove ANY and more of the following:

(a)
That since the marriage, the respondent has committed rape, sodomy, or bestiality.

(b)
That since the marriage, the petitioner has, for a period of not less than 2 years: (i) been a habitual drunkard, or (ii) habitually been intoxicated by reason of taking or using to excess any sedative, narcotic or stimulating drug or preparation.

-References
1. Matrimonial Causes Act, CAP. M7, Laws of the Federation of Nigeria (LFN) 2004
2. Nigerian Weekly Law Reports (NWLR), @NWLRonline on X (formerly Twitter).

*AOJ

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