15/05/2026
DISSOLUTION OF MARRIAGE UNDER NIGERIAN LAW: BEYOND EMOTIONS, SOCIAL MEDIA OPINIONS, AND SOCIETAL MISCONCEPTIONS
From a legal standpoint, dissolution of marriage is not merely about two people deciding to separate because of misunderstandings, emotional differences, or temporary frustrations. Under Nigerian law, particularly the Matrimonial Causes Act, Cap M7, Laws of the Federation of Nigeria 2004, marriage is recognised as a legal union with rights, duties, obligations, and consequences.
Accordingly, before a Court can dissolve a statutory marriage, strict legal requirements and procedures must be complied with.
By virtue of Section 15(1) of the Matrimonial Causes Act, the sole ground for dissolution of marriage is that the marriage has broken down irretrievably. However, the law goes further under Section 15(2) by requiring the Petitioner to prove one or more recognised facts such as adultery, cruelty, desertion, living apart for the statutory period, failure to comply with a decree of restitution of conjugal rights, or conduct making it unreasonable for the parties to continue living together as husband and wife.
In Williams v. Williams (1987) 2 NWLR (Pt. 54) 66, the Court reaffirmed that matrimonial causes are evidence-based proceedings and not exercises founded on mere accusations or emotions. Similarly, in Nanna v. Nanna (2006) 3 NWLR (Pt. 966) 1, the Court emphasised that parties must establish the statutory facts required under the law before a marriage can be dissolved.
One major misconception in society is the assumption that once spouses stop living together, the marriage automatically comes to an end. Legally, that position is incorrect. Until a competent Court grants a Decree Nisi and subsequently a Decree Absolute pursuant to Sections 58 and 59 of the Matrimonial Causes Act, the marriage legally subsists, and both parties remain husband and wife in the eyes of the law.
Another misconception is that allegations alone are sufficient to secure a divorce. In reality, matrimonial proceedings are evidence-driven. The Court considers pleadings, oral testimony, documentary evidence, surrounding circumstances, and the credibility of witnesses before arriving at a decision. The burden rests on the party alleging misconduct to prove same.
Procedurally, dissolution of marriage commences with the filing of a Petition before the appropriate High Court with jurisdiction. The Petition must disclose material facts relied upon, particulars of children of the marriage, issues relating to custody, maintenance, settlement of property where necessary, and the reliefs sought. Upon service, the Respondent may file an Answer and where necessary, a Cross-Petition.
Thereafter, parties proceed to trial where evidence is led and witnesses are cross-examined. At the conclusion of proceedings, the Court determines whether the marriage has indeed broken down irretrievably within the meaning of the law.
It is also important to state that matrimonial proceedings are not designed to disgrace, humiliate, or emotionally destroy either spouse. The purpose of the Court is to determine legal rights, ensure fairness between parties, and most importantly, protect the welfare and best interests of children where applicable.
In custody-related matters, Nigerian Courts have consistently maintained that the paramount consideration remains the welfare and best interest of the child, not the personal grievances between the spouses.
Beyond the legal principles, society must also understand that not every troubled marriage should automatically end in divorce. Where there is no violence, abuse, or threat to life, parties should sometimes consider counselling, communication, reconciliation, patience, and maturity before taking irreversible legal steps.
The streets are not always as peaceful as they appear from a distance.
Marriage should not be built solely on money, appearance, social pressure, or material benefits. Likewise, people should not pretend to be who they are not simply to secure a spouse. Marriage has a way of revealing true character over time. A union built on deception struggles under the weight of reality, while sincerity, patience, friendship, and mutual respect provide stronger foundations for stability.
In essence, dissolution of marriage remains a formal judicial process governed strictly by statute, evidence, and procedure — not sentiments, assumptions, or public opinion.
As legal practitioners and members of society, we must continue to promote not only legal awareness, but also wisdom, sincerity, responsibility, and emotional maturity in marital relationships.
