Business, Property, Family & Employment Law — By Akintunde Esan (The Legal Adviser Online)

Understanding the law is not a luxury — it is a necessity for every family, professional, business owner, and investor in Nigeria today.

In his latest series of Legal Illuminations, Akintunde Esan — Barrister & Solicitor of the Supreme Court of Nigeria, Managing Partner of Ase Olodumare Chambers, and creator of The Legal Adviser Online — explores the legal issues that matter most to Nigerians in business, employment, family and everyday life.

The series covers:

• Land Disputes — protecting your property investment from fraud and litigation
• Commercial Litigation — what every business owner must know before disputes arise
• Business Law & Corporate Compliance — from CAC registration to ongoing regulatory obligations
• Family Law — marriage, divorce, property settlement, child custody, and maintenance
• Employment Law — judicial limits on oppressive and unlawful dismissals

These are not abstract legal theories. They are practical, experience-backed insights drawn from active legal practice — written to inform, protect, and empower.

Land Disputes in Nigeria: How to Safeguard Your Investment & Resolve Conflicts

Investing in land in Nigeria can be a rewarding venture, but it also carries significant risks. Many hardworking Nigerians, in search of secure investments, have […]Read more

Published by  Akintunde Esan (The Legal Adviser Online) on  November 23, 2025

Commercial Litigation in Nigeria: What Every Business Owner Needs to Know

Introduction Navigating the complexities of the business world in Nigeria inevitably leads to disputes, from unpaid invoices and broken contracts to partnership conflicts and intellectual property […]Read more

Published by  Akintunde Esan (The Legal Adviser Online) on  November 20, 2025

Mastering Business Law in Nigeria: From CAC Registration to Corporate Compliance

Introduction Starting and managing a business in Nigeria requires more than just vision — it demands compliance with legal and regulatory frameworks. From CAC registration in […] Read more

Published by  Akintunde Esan (The Legal Adviser Online) on  November 18, 2025

Nigerian Family Law Explained: Marriage, Divorce, Property Settlement, Child Custody, and Maintenance

Family law touches the most personal aspects of our lives — marriage, separation, property, and the welfare of children. In Nigeria, these issues are governed primarily […] Read more

Published by  Akintunde Esan (The Legal Adviser Online) on  November 15, 2025

Court Limits Employer’s Right to Terminate: No Room for Oppression in Dismissals

Employment is more than a contract; it is the foundation of livelihood, dignity, and professional identity. When termination is carried out recklessly, maliciously, or […] Read more

Published by  Akintunde Esan (The Legal Adviser Online) on  November 15, 2025

Employment Law Update: Courts Reinforce Protection Against Oppressive Dismissals

Introduction The right of an employer to terminate an employment contract is not absolute—it must be exercised with fairness and respect for the dignity of the […] Read more

Published by  Akintunde Esan (The Legal Adviser Online) on  November 15, 2025

GROUNDS FOR GRANTING DIVORCE IN COURT IN NIGERIA

You can also click the links below to view:

• CUSTODY OF A CHILD: WHAT THE COURT WILL CONSIDER IN AWARDING CUSTODY OF CHILDREN IN NIGERIA  

• NIGERIAN FAMILY LAW EXPLAINED: MARRIAGE, DIVORCE, PROPERTY SETTLEMENT, CHILD CUSTODY, AND MAINTENANCE

• THE REQUIRED LEGAL DOCUMENTS FOR LAND IN NIGERIA

• LEGAL TIPS FOR LAND PURCHASERS IN NIGERIA 

• THE STATUS OF THE PROPERTY JOINTLY OWNED BY A DECEASED SPOUSE AND THE SURVIVING SPOUSE IN NIGERIA

• TENANCY LAW: 12 THINGS EVERY LANDLORD AND TENANT IN LAGOS STATE SHOULD KNOW

• WHY IS GOVERNOR’S CONSENT NECESSARY FOR ALIENATION OF LAND IN NIGERIA

• WHO IS ENTITLED TO APPLY FOR LETTER OF ADMINISTRATION OF ESTATE IN NIGERIA 

• LAND LAW: LAND LITIGATION IN NIGERIA 

• HOW TO RECOVER MONEY OR ASSET LOST TO FRAUD IN NIGERIA 

• THE RELEVANCE OF A SURVEY PLAN IN LAND LITIGATION IN NIGERIA 

• THE REQUIRED LEGAL DOCUMENTS FOR LAND IN NIGERIA 

• 21 THINGS TO KNOW ABOUT A POWER OF ATTORNEY IN NIGERIA

• ILLUMINATIONS ON CERTIFICATE OF OCCUPANCY AND THE RIGHT OF OCCUPANCY IN NIGERIA  

• RE-SEALING OF THE PROBATE GRANTED OUTSIDE NIGERIA IN NIGERIA 

• CLAIMING DEATH BENEFITS OF A DECEASED EMPLOYEE IN NIGERIA 

GROUNDS FOR GRANTING DIVORCE 

IN COURT IN NIGERIA 

              A.  Introduction 

Divorce is the legal dissolution of a marriage and there are different perspectives to the grounds for dissolving a marriage such as the religious, cultural, jurisprudential, sociological, statutory, trendy, mystical and pragmatic perspectives. Take for instance in the Christian faith, adultery is the only recognised ground for divorce.

This edition of Akintunde Esan's legal illumination is focusing on the legal grounds for getting a divorce in Nigeria as provided in the Matrimonial Causes Act, which is the Law regulating the grounds for the filing and processing of a divorce in Nigeria. 

B. Grounds for Divorce of a Customary Marriage

In Nigeria, couples have the choice of having a customary marriage or a statutory marriage. A customary marriage is a marriage contracted under the native law and custom of an ethnic community in Nigeria. A statutory marriage is a marriage contracted under the Marriage Act.  

There are no codified grounds for divorce under native laws in Nigeria, thus, a customary or traditional marriage can be divorced or dissolved on arbitrary grounds. 

The only authority in Nigeria that has the jurisdiction (power) to grant a divorce of a statutory marriage is the High Court, while the Customary Court has the jurisdiction to grant the divorce of a traditional  or customary marriage.

C. The Eight (8) Grounds for the Dissolution of a Statutory Marriage in Nigeria

By virtue of Section 15(1) of Matrimonial Causes Act, the High Court has the jurisdiction to make an order dissolving a statutory marriage only on the general ground that, the marriage has broken down irretrievably.

However, the High Court in coming to the conclusion whether a marriage has broken irretrievably is required to take into consideration the occurrence of one or more of the specific eight (8) grounds set out in sub-section (a) to (h) of Section 15 (2) of the Act. If the spouse seeking the divorce can prove the occurrence of one or more of these grounds, the High Court will have no choice than to grant the prayer for divorce or dissolution of his or her statutory marriage, as this implies that, the marriage has broken down irretrievably in law.  
 
In divorce case between LT. Col. Shehu Ibrahim (Rtd) v. Mercy Ibrahim (2006) LPELR-7670(CA) Ariwoola, J.C.A at P. 24, paras. C-G, illuminated on the issue of ground and grounds for divorce as follows: 

"The learned counsel contended that there is only one ground for the dissolution of marriage in our law. This with respect may not be totally correct, to say the least, as there are several grounds which the Matrimonial Causes Act refer to as "facts". (See; Sections 15(2) and 16(1), Matrimonial Causes Act.  

However, in Nigeria, a Court cannot dissolve a marriage or declare a marriage to have broken down unless one of the facts listed in Section 15(2) is established by the petitioner, even though it appears the marriage has broken down irretrievably." 

An occurrence of any of the following eight grounds or situations or facts in the eyes of the Matrimonial Causes Act is a conclusive proof that, a marriage has broken down irretrievably or generally and therefore ripe for divorce or dissolution:

Ground 1: Denial of Sexual Intercourse 

This is where a spouse has willfully and persistently refused to have sexual intercourse with an aggrieved spouse. Section 15(2)(a). 

Ground 2: Adultery and Intolerable Behaviours

This where a spouse has committed adultery and the offended spouse find it intolerable to live with the offending spouse. Section 15(2)(b). 

Ground 3: Unreasonable Behaviours

This where a spouse behaves in such a way that the aggrieved spouse cannot reasonably be expected to live with such a  spouse. Section 15(2)(c).

Section 16(1) set out the behaviors that can be said to be the ones that, a person cannot be reasonably expected to live with to include: 

a) Commission of sexual offences such as: committed rape, sodomy, or bestiality. 

b) Habitual drunkenness or drug addiction: for a period of not less than two years. 

c) Frequent convictions and imprisonment for crime. 

d) Habitually leaving a spouse without reasonable means of Support. 

e) Attempt to murder and assault spouse. 

f) Habitual and willful failure to provide court ordered or agreed support for two years. 

g) Insanity and unsoundness of mind 

Ground 4: Abandoning of Spouse

Where a spouse has abandoned or deserted the other spouse for a continuous period of at least one year . 

a) The types of desertion: 

i. Simple Desertion: the guilty spouse abandons the matrimonial home. 

ii. Constructive Desertion: The spouse who is in desertion is the spouse who by his or her conduct expels the other spouse and remains at home. 

b) The elements of desertion: 

i. Physical separation or defacto separation: This implies bringing co-habitation to an end by severing marital obligations; or 

ii. Intention to remain permanently separate or animus deserendi 

iii. Absence of the spouse’s consent. 

iv. Absence of any justification: There will be no desertion if the spouse who has withdrawn from cohabitation has a good reason for doing so. 

Ground 5: Living Apart for Two (2) Years

Where the parties to a marriage have lived apart for a continuous period of at least two years and one of the parties does not object to the marriage being dissolved. 

Ground 6: Living Apart for Three (3) Years

However, where the parties to a marriage have lived apart for a continuous period of at least three years, the consent of the other party is not required before such a marriage can be dissolved. Section 15(2)(e) and (f). 

References to the parties to a marriage living with each other shall be construed as references to their living with each other in the same household. 

Ground 7: Disobedience to Order of Restitution of Conjugal Rights 

Where a spouse for a period of not less than one year, failed to comply with a court order of restitution of conjugal rights. 

Ground 8: Spouse is missing for Seven (7) Years

Where a spouse is missing for such a long time or seven year in such circumstances as to provide reasonable ground for presume he or she is dead or has no reason to believe that the spouse is alive. 

If the spouse seeking for divorce can prove the occurrence of one or more of these eight grounds mentioned above, the High Court will have no choice than to grant the prayer for divorce or dissolution of his or her statutory marriage, as this implies that, the marriage has broken down irretrievably in law. 

D.  Conclusion

No reasonable man or woman will or would want to divorce his or her spouse, but human nature makes frictions inevitable and some frictions may degenerate or metamorphose into irreconcilable differences that make divorce not just inevitable but reasonable.

There are times when divorce is not a reasonable option considering your children, what you have mutually invested in the marriage and the signs that reconciliation is possible. However, when your marriage becomes injurious or poisonous to your children/child, health, life and destiny and it appears divorce is the only reasonable option.

There has been an increase in the reported cases of spouses killing each other in the news these days in Nigeria. These are times when divorce is becoming a reasonable option, considering the fact that “a living dog is better than a dead lion”.

Lawyers are undertakers of dead marriages, not ruling out the fact that, some dead marriages do resurrect like the dead body of Lazarus or the prophetic dry bones putting on flesh and rising again. However, marital resurrection is a miracle that happens by choice and not by chance.

If you are in a dilemma on divorce think about the finding of a study at the University of Harvard, which observed that, all the members of family suffering from a high level of conflict, for example where there is persistent abuse or alcoholism, benefit from divorce. However, those marriages with low level of conflict gain more by staying together, and the harm to the children is less than that caused by divorce.

CALL or CHAT with me if you need someone to confide in on your dilemma.

You can also CALL or CHAT with me for further legal illumination on resolving or seeking for a divorce.

Written by Akintunde Esan, Managing Partner/Principal Consultant @ Ase Olodumare Chambers Law Firm, Lagos Nigeria.

GROUNDS FOR GRANTING DIVORCE IN NIGERIA is a legal illumination of AKINTUNDE ESAN known as The LEGAL ADVISER ONLINE. Akintunde Esan is the Managing Partner & Principal Consultant @ ASE OLODUMARE CHAMBERS (Legal Practitioners/Consultants & Chartered Mediators)

Also click to view:

CUSTODY OF A CHILD: WHAT THE COURT WILL CONSIDER IN AWARDING CUSTODY OF CHILDREN IN NIGERIA

NOTICE ! NOTICE !! NOTICE !!!

You also advised to try Ase Olodumare Chambers Divorce Mediation if:

• you are seeking for an amicable and peaceful separation or divorce.

• you are contemplating filing for divorce or separation in Court.

• you are having issues on child custody. 

• you are not formally married but are seeking for amicable and peaceful severance of their marital relationships.

• For more information on Ase Olodumare Chambers Divorce Mediation Initiative click on: BREAKING NEWS ! DIVORCE MEDIATION IN NIGERIA