How to File for Divorce: 11 Legal Grounds for Ending a Customary Marriage in Nigeria
- Nigerian law recognises specific grounds on which a husband or wife may seek the dissolution of a customary marriage through a court
- The Customary Courts Act lists reasons ranging from adultery and desertion to impotence and serious criminal conviction
- Nigerian law also outlines distinct options available to a widow after the death of her husband under customary practice
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Marriage is widely regarded as a lifelong union, but Nigerian law acknowledges that some customary marriages may need to be legally dissolved.
Under the Customary Courts Act, specific grounds exist on which either party may approach a customary court to seek the end of a marriage.
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Dissolving a customary marriage in Nigeria
Below are the recognised reasons a husband or wife may use to seek dissolution of a customary marriage:
1. Underage betrothal: Where one party was promised in marriage before reaching the legal age for marriage.
2. Refusal to consummate: Where either spouse refuses to engage in marital relations.
3. Harmful permanent disease: Where a partner suffers from a lasting condition that affects the ability to have or father children.
4. Impotence or sterility: Where the husband is impotent, or the wife is unable to bear children.
5. Serious criminal conviction: Where a partner is convicted and sentenced to at least five years in prison.
6. Cruelty or neglect: Where one spouse subjects the other to abuse or fails to provide adequate care.
7. Venereal disease: Where either party contracts a sexually transmitted infection.
8. Mental illness: Where a spouse has suffered from a mental illness for three or more years.
9. Adultery: Where either party is unfaithful within the marriage.
10. Leprosy: Where either partner is diagnosed with leprosy.
11. Desertion: Where one spouse abandons the other.
A person wishing to end a customary marriage may approach the customary court, which holds the authority to hear and determine such cases. Part of the process may involve the return of bride price paid by the husband, as well as gifts presented to the wife or her family during the marriage.
What happens to a widow
While the death of a wife brings a customary marriage to an end, the same rule does not automatically apply when the husband dies. A widow may have several options available to her, depending on the customs of her community.
She may choose to remain within her late husband's family, continuing to be recognised as his wife. Any child born to her during this period may be treated as the late husband's legitimate child, a practice sometimes referred to as a "ghost marriage." In some parts of Igbo land, such a child may be named "Azunna."
Alternatively, the widow may marry another male member of her late husband's family, though not her own son, as a means of continuing to receive care and support from that family unit.
She also has the option of returning to her parents' home and eventually remarrying outside the family. Under this arrangement, she may be required to refund the bride price, and her departure is treated as a form of divorce from her late husband's family.
In all disputes, the customary court retains the power to examine the evidence and determine whether a dissolution should be granted.
Couple parts ways two months after wedding
Meanwhile, Legit.ng recently reported that a Nigerian man announced his separation from his wife barely two months after their wedding due to genotype issues.
The heartbroken man, who shared the news on TikTok, said they decided to go their separate ways to avoid future pain. He also prayed for his estranged wife to find happiness, adding that she would forever remain in his heart.
Source: Legit.ng
