INTERVIEW: Divorce rates in Nigeria higher among 60, 70 year-olds

On this interview, household and property lawyer Aroh Ebelechukwu speaks about marriage, divorce, and property rights in Nigeria.

Excerpts:

PT: There’s a rising notion that divorce is rising in Nigeria. From a authorized standpoint, what elements contribute to this development?

Ebelechukwu: Sure, divorce instances have elevated considerably in Nigeria in comparison with a decade in the past. Whereas it appears extra prevalent amongst celebrities as a consequence of media publicity, on a regular basis persons are additionally experiencing larger divorce charges. A number of elements contribute to this development, primarily financial hardship and elevated consciousness via the Web. Monetary instability typically strains marriages, and with extra entry to info, people—particularly ladies—are much less tolerant of marital points. Social modifications, together with shifting cultural expectations and higher authorized entry to divorce, have additionally performed a task. Moreover, urbanisation and migration have distanced households from conventional assist methods, making it more durable to maintain troubled marriages.

PT: Are you able to stroll us via the authorized means of submitting for divorce in Nigeria?

Ebelechukwu: The divorce course of depends upon the kind of marriage. In Nigeria, there are statutory, customary, and Islamic marriages. For statutory marriages, the couple should be married for a minimum of two years until there’s excessive hardship. Divorce is granted provided that the wedding has damaged down irretrievably, based mostly on the Matrimonial Causes Act. A petition is filed on the Excessive Court docket, and the petitioner should show one among eight authorized grounds, akin to adultery or desertion. After submitting, the respondent is served, and the court docket could order reconciliation earlier than granting the divorce.

PT: Some Nigerians consider that submitting for divorce is just submitting papers. How typically do courts reject petitions, and why?

Ebelechukwu: Courts reject petitions ceaselessly. Divorce shouldn’t be computerized; the petitioner should present legally admissible proof that the wedding has damaged down irretrievably. If the proof is weak or unproven, the petition is dismissed. For instance, in Ibrahim v. Ibrahim, the petitioner didn’t show allegations of adultery and separation, resulting in dismissal. Even uncontested instances require ample proof. The court docket ensures that each one claims meet authorized requirements and that due course of is adopted. If documentation is incomplete or allegations are obscure, the case will possible be rejected or extended with further hearings.

PT: Many Nigerians assume a church marriage ceremony means they’re legally married. What number of of those marriages are invalid, and what are the implications?

Ebelechukwu: A church marriage ceremony doesn’t mechanically imply a authorized marriage until carried out in a licensed church or accompanied by a statutory or customary marriage. The ceremony is ‘merely a blessing’ of a customary marriage if the church is unlicensed. Such marriages maintain no authorized weight with out correct registration, affecting points like inheritance and divorce proceedings. Many {couples} don’t realise this till they face authorized challenges, akin to property disputes or custody battles after which battle to show their marriage’s validity in court docket. Getting authorized recommendation is essential to avoiding issues with divorce, inheritance, and baby custody. Individuals misunderstand issues like church weddings and inheritance legal guidelines. Realizing your marriage kind and the way it impacts your rights is important.

PT: What occurs if a pair discovers their church marriage isn’t legally legitimate? Can it’s rectified?

Ebelechukwu: Sure, they will formalise the wedding by registering it at a wedding registry. Many {couples} unknowingly wed in unlicensed church buildings. To rectify this, they need to strategy the registry for correct documentation. In the event that they fail to take action, their marriage stays customary, which follows native legal guidelines moderately than statutory protections. Some {couples} additionally go for a reaffirmation ceremony to make sure authorized recognition. This course of helps forestall future authorized issues associated to inheritance and divorce.

PT: Does an unregistered church marriage have an effect on inheritance and baby custody rights?

Ebelechukwu: Sure, it does. If a pair is just married underneath customary regulation, inheritance follows customary regulation, not statutory inheritance legal guidelines. As an example, if a person married underneath statutory regulation dies intestate, his spouse has extra substantial authorized claims underneath the administration of estates regulation. Nonetheless, if their marriage was customary, his prolonged household could have higher management over the property based mostly on native customs. This distinction is essential in court docket instances, the place statutory marriages present extra specific protections for spouses and youngsters.

PT: What are some widespread misconceptions about divorce in Nigeria?

Ebelechukwu: Many consider divorce is so simple as submitting a letter, however it requires proof and is a authorized course of. Some assume all church weddings are legally binding, however many aren’t. Adultery doesn’t mechanically result in divorce if the partner forgives it. Others assume the spouse at all times loses custody, however courts determine based mostly on the kid’s finest pursuits. It’s additionally a false impression that each spouses should comply with a divorce—one partner can file with out consent in the event that they show the wedding has damaged down irretrievably. Courts can proceed if the petitioner’s claims are supported by proof.

PT: Are you able to make clear what constitutes “insupportable behaviour” as grounds for divorce?

Ebelechukwu: The court docket decides if a partner’s behaviour makes life insufferable, contemplating severe points like psychological instability or substance abuse. Minor issues don’t depend. Proof, akin to medical or police reviews, assesses the behaviour. If a partner forgives adultery and stays, it could actually’t be used as grounds for divorce later. Moreover, if adultery is the trigger, the third occasion should be named until they’re deceased or lacking for years. Forgiving adultery is seen as reconciliation, which weakens the divorce case.

PT: What occurs when a partner disappears for years?

Ebelechukwu: If a partner has been absent for seven years with out communication, the court docket could presume them lifeless and grant a divorce. Different grounds embody refusal to adjust to a court docket order for conjugal rights or steady separation for one to a few years. A lacking partner’s monetary and authorized obligations are scrutinised, as their absence could affect money owed, property possession, and baby custody.

PT: Are there completely different sorts of divorce in Nigeria? Do they have an effect on the timeline and end result?

Ebelechukwu: There aren’t any various kinds of divorce in Nigeria, however the course of depends upon the type of marriage. Statutory marriages want a court docket course of for divorce, whereas customary and Islamic marriages observe completely different guidelines, typically involving household or non secular leaders. Judicial separation shouldn’t be a divorce; the couple stops dwelling collectively, however the marriage stays. Courting others throughout this time would nonetheless be adultery. Judicial separation is for {couples} not sure about divorce or for non secular causes, whereas divorce in the end ends the wedding, permitting each to remarry.

PT: Is it legally attainable for a partner dwelling overseas to file for divorce in Nigeria, and the way are joint belongings dealt with?

Ebelechukwu: A partner dwelling overseas can file for divorce in Nigeria if they’re domiciled right here, and digital hearings may help with the method. Nonetheless, the court docket could decline jurisdiction if each events have sturdy international ties. As for joint belongings, the court docket considers monetary and non-financial contributions, akin to emotional assist or homemaking. The choice depends upon elements just like the size of the wedding, monetary conditions, and whether or not youngsters are concerned.

PT: Baby custody is a typical divorce case abroad. How do Nigerian courts determine baby custody? Do moms at all times get custody, as popularly believed?

Ebelechukwu: Courts prioritise the kid’s finest pursuits. Elements embody age, intercourse, and total well-being. Usually, younger youngsters stick with their moms until the daddy proves in any other case. In some instances, courts interview youngsters privately to grasp their preferences. Monetary stability, psychological well-being, and parenting historical past are additionally thought of. In high-conflict instances, courts could assign joint custody or enable frequent visitation rights to make sure each dad and mom stay concerned within the baby’s life.

PT: Do divorcing ladies who sacrificed their careers get monetary safety in Nigeria? Is upkeep computerized?

Ebelechukwu: Nigerian regulation gives upkeep underneath Part 70 of the Matrimonial Causes Act, providing monetary assist as a lump sum or periodic funds, relying on the partner’s monetary capability. Nonetheless, upkeep shouldn’t be mechanically granted; the claimant should show the opposite occasion’s skill to pay and exhibit their financial dependence and contributions to the household. Courts think about elements akin to monetary capability, conduct, and the flexibility of the partner in search of upkeep to realize monetary stability. To forestall misuse, courts guarantee equity in awarding upkeep, and when youngsters are concerned, baby assist is often mandated for his or her well-being.

PT: Out of your expertise dealing with instances, what errors do folks make earlier than or throughout a divorce?

Ebelechukwu: The largest mistake is dashing to court docket with out exploring mediation. Divorce ought to be the final choice, not the primary. One other mistake is weaponising baby custody—utilizing youngsters as instruments in opposition to former spouses. Divorce ends a wedding, not parenthood. Dad and mom ought to prioritise youngsters’s well-being over private grievances. Different widespread errors embody hiding belongings, making emotional choices as a substitute of rational ones, and failing to hunt authorized recommendation.

PT: Are there widespread misconceptions about divorce legal guidelines?

Ebelechukwu: One widespread false impression is that upkeep is just for ladies and youngsters underneath 18 however also can apply to financially susceptible spouses. Divorce isn’t at all times a battle; mediation and settlements may help. Some consider solely males pay upkeep, however ladies can be ordered to assist ex-husbands. Lastly, whereas many assume prenuptial agreements don’t depend in Nigeria, courts think about them, particularly in asset division.

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PT: Is there a rise in divorce instances amongst younger {couples} aged 25 to 40, with marriages lasting solely 2 to 10 years?

Ebelechukwu: From my expertise, whereas I don’t have official statistics, I’ve observed that divorce charges appear larger amongst folks of their 60s and 70s. I’ve seen aged {couples}, together with a girl in her 70s utilizing crutches, file for divorce. For youthful {couples}, infidelity and home violence are widespread causes. Home violence instances are extra possible to reach court docket, as adultery is extra sophisticated to show and sometimes depends on circumstantial proof, like resort visits or being pregnant. Many instances are based mostly on home violence because of the problem of proving infidelity.

PT: In the event you may change one factor about Nigerian divorce legal guidelines, what would it not be and why?

Ebelechukwu: One essential change is to take away the rule {that a} marriage should be a minimum of two years outdated earlier than a divorce might be filed. That rule makes the method more difficult for {couples} in sad marriages. The regulation on property settlement can also be too obscure and will clearly outline what counts as a contribution to make sure truthful settlements. I additionally counsel introducing a no-fault divorce system the place folks don’t must show particular causes for divorce. Lastly, marriage legal guidelines ought to be unified to incorporate every type, akin to customary and Islamic.