Ten Unlawful Reasons for a Divorce:� The Nigerian Matrimonial Causes Act contains the grounds and circumstances under which you may file a petition for a divorce in Nigeria. When your ground for the divorce is contained in the Act, then it is lawful; if it isn’t, it is unlawful.

Many persons desire to divorce their spouses for various reasons. Some of these reasons are lawful, others unlawful. Since you can’t get a no-fault divorce, there are certain reasons for which you cannot file for a divorce in Nigeria. If you fall into the following categories, then your basis for seeking a divorce is unlawful.

Ten Unlawful Reasons for a Divorce

• “I have irreconcilable differences with my spouse; or we are incompatible.” This is the term used under a no-fault divorce, and since we have no such provision in Nigeria, it is not valid.

• “I believe that my spouse is cheating on me.” Mere belief is not enough. You must have a hard proof or evidence to prove his unfaithfulness.

• “I want to be able to marry a foreigner so that I can become a foreign national, and then divorce that foreigner, and then remarry my spouse so that he can also become a citizen of that foreign country.” This is not only unlawful, but also fraudulent. If discovered you may be jailed.

• “My spouse went away or moved out of the house with the children.” Under the law, moving out without the consent of the other spouse is called desertion. Moving out alone is not enough. You would have to wait for at least one year before you may bring a petition.

• “My wife is not submissive; or My husband is not caring and loving.” Generally, laws have no place for sentiments.

• My husband is not rich; or he has lost his job: Unless it affects his inability to adequately provide for the family for a very long time, like a year or two, this reason won’t suffice. It won’t also be a good reason if it only affected the family’s standard of living.

• “My wife can’t bear children; Or My husband is infertile.” The law provides for refusal to consummate a marriage, not inability to have children.

• “My mother-in-law is a ‘witch’.” If your mother-in-law doesn’t do anything to jeopardize the marriage, and if your spouse has not condoned her behaviour, no harm would be imputed. If your mother-in-law doesn’t do anything to jeopardize the marriage, and if your spouse has not condoned her behaviour, your mother-in-law’s behaviour is not sufficient reason for a grant of divorce.

• “My spouse converted to another religion.” The Law is non-religionist. It doesn’t concern itself with matters of spirituality. So, if you married your spouse because he was a member of a particular religion or sect, as long as you married under the Law, it is not a basis for divorce.

• “My spouse cannot satisfy my sexual desires.” The Law only recognizes the inability or refusal of a spouse to consummate a marriage. So, unless a man is completely impotent, and cannot copulate with you at all after the wedding, this is no reason for a divorce.

Ten Unlawful Reasons for a Divorce:

Articles on this site are meant to provide general knowledge on divorce law in Nigeria and do not, by any means, substitute for proper consultation with legal experts. Need help? Go Here!