Divorce, according to Veraz Advocates, is when a court or another legal authority officially ends a marriage between a married couple.
Resolution Law Firm in Nigeria, explains that how a divorce works depends on the kind of marriage you have. There are two main types of marriage: statutory marriages, which are done in a court or registry, and ones that follow the rules of the Matrimonial Causes Act (a law that guides marriage and divorce). Only a court can end a statutory marriage.
The second type is customary marriage, which is conducted according to the customs and traditions of a community or a tribe. However, the marriage ends when the bride price is returned, and the families involved call off the marriage. Well, this is not all there is to know about a divorce.
In this article, we’ll discuss some things you should know about divorce.
READ ALSO: Seven major causes of divorce in Nigeria
1. The 2-year rule
According to Veraz Advocates, Section 30 of the Marriage law states that a couple cannot file for divorce within the first two years of marriage unless they get special permission from the court. This rule helps protect the sacredness and importance of marriage.
However, the court can permit divorce if there are very serious reasons, such as risk of danger to one person or if a party has done something extremely bad or cruel.
There are also exemptions for which the 2-year rule might not hold, namely:
- Refusing to live together as man and wife after getting married
- Cheating with your partner that makes it unbearable to stay in the marriage
- Committing serious crimes like forcing an individual into sexual acts, or hurting others.
2. Refunding the bride price (Customary marriage)
According to Tope Adebayo LP, full-service law firm, ending a customary marriage is recognised by law, but will be rendered invalid if it doesn’t follow the proper steps.
One important thing to remember is that once the bride price is returned, the marriage is considered over. If a court ends a customary marriage but doesn’t include an order for the bride price to be returned and accepted, it does not really count as an actual divorce.
3. Legal/statutory marriage
According to Mondaq, a platform that offers extensive legal articles, that both people in a marriage agree to get a divorce doesn’t mean the marriage will magically end.
Marriage is important because it helps make society sane and stable. This is because the law considers marriage an important institution, and that’s why it seeks to protect it. So, it doesn’t allow divorce just because both people want to.
A divorce will only happen if one person – the “petitioner” can prove that the marriage is beyond repair. If not, the court will not grant the divorce.
4. Emotionally draining
Another thing about divorce is that, aside from obtaining a visa, starting a business or securing stable employment, it appears to be the hardest thing to do in Nigeria. It can get emotionally draining and stretch you beyond limits. So, you’ll get help and a reliable support system through the process.
READ ALSO: Habits that fuel divorce
5. Divorce is ‘costly’
When one is talking about divorce, you’ll find the word “expensive” in the same sentence. There is no set price for a divorce because it depends on many factors. Here’s a summary according to Resolution Law Firm.
- Divorce involves going to court, where you could win or lose the case. This is why you need to talk to a lawyer and agree on a fee. The cost is usually between N1,000,000 and N2,000,000.
- If you live outside Nigeria and want to testify online, it can cost between $1,500 and $3,000 because of the extra workload for the lawyer.
- If the divorce involves fighting over property or who will take care of the children, it can cost between N2,000,000 and N3,000,000.
- If you hire a very experienced lawyer, like a Senior Advocate of Nigeria (SAN), the cost can be as high as N5,000,000 to N10,000,000 or more.
