Nigeria - Obtain Divorce Decree

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Procedure

Apply In-Person:

1. To apply for a Divorce Decree in person, the applicant has to first consult a lawyer of his/her choice who handles civil cases.
2. He/she will analyse the factors that influence the decision of divorce as informed by the applicant.
3. Then, he/she will suggest you with a factor that contains sound evidence which can support the decision in an efficient manner during the hearing.
4. After that, the legal representative will make arrangements or instruct the applicant for the necessary documents to be produced before the judiciary.
5. Mainly, the applicant will have to complete a petition which consists of the statement of the issue, details of the applicant’s spouse and the marriage, reasons for the decision of divorce, things you want from the decision and any proof for that.
6. You can obtain assistance from the legal representative in filling the petition in case if required.
7. On behalf of the applicant, the legal representative/lawyer will proceed to submit a petition of divorce in the State High Court of the Nigerian Federation.
8. Please click on the following link for the contact details and address of the office of Federal Ministry of Justice:contact link
9. After submission, the case will be assigned a file number which will also be provided to the applicant.
10. A copy of the petition will be sent from the court to the Respondent (spouse/another person in the marriage) who must reply to it within a specific period of time.
11. On receipt of the reply from the respondent, the court will assign a date for its hearing and inform the applicant regarding it.
12. The case and evidence for backing the reason of divorce will be examined and analysed by the presiding authority of the court in the hearing.
13. The applicant and respondent are free to produce any person as witness during the appeal as additional support to the evidence submitted.
14. If the court is satisfied with the reason and the backing information provided by the petitioner, it issues a Decree Nisi which speaks of the reluctance of the petitioner to live with his/her partner anymore.
15. The Respondent beingreluctant of the judgement can apply for an appeal against it within 90 days from the issuance.
16. When the respondent fails to make the appeal despite of being aware and having sufficient chances to re-appeal, the marriage will be dissolved officially by the court and a Decree absolute (Divorce certificate) will be issued.

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Required Documents

• Petition filled by applicant
• Valid proof of Identity
• Proof of Marriage
• Any document containing information of the Respondent (if required)
• Documentation proof for the ground of divorce (if any)

Office Locations & Contacts

Federal Ministry of Justice, HQ
Plot 71B Shehu Shagari Way,
Maitama Abuja,
Nigeria
Phone: (234) 805 088 8806
Phone : (234) 817 759 3311
Email : [email protected]
Website :Link

Eligibility

• Any married person in Nigeria, who wishes to legally depart from his/her spouse on the basis of any of the stipulated grounds, can apply.
• The applicant must have an appropriate evidence for the problem that influences their marital life.
• You can apply for divorce only after two years of marriage except for some cases with critical situations.

Fees

• Details about the amount to be paid can be obtained from the legal representative.
  

Validity

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e.g. Birth Certificate Valid Forever

Documents to Use

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Sample Documents

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Processing Time

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Related Videos

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Instructions

• Formal declarations such ah damages, maintenance cost and responsibility of children of the petitioner and respondent are made when they are called for collecting the Decree absolute (i.e.) after the expiration of chance to re-appeal.

• Only 90 days after this declaration, any of the people in the marriage are allowed to remarry someone else.

• In exceptional cases, the petitioner can obtain the permission for divorce from the court even before the two years of probation period.

Required Information

• Name and age of petitioner
• Address and contact number
• Year of marriage
• Name and age of respondent
• Nationality
• Identification card number
• Details of the children
• Other relevant information

Need for the Document

• Any married couple in Nigeria who wishes to get separated because of any specified reasons must obtain a Divorce Decree to do it officially.
• Any registered marriage in the Republic of Nigeria, should only be dissolved legally by the court of the Federation and obtained a Divorce Decree Absolute.

Information which might help

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Other uses of the Document/Certificate

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External Links

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Others

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