By 
Aroh Ebelechukwu, a popular Anambra-based family lawyer, has disclosed that economic hardship, increased awareness are major reasons why the rate of divorce has increased in Nigeria.
She revealed this at her office in Limca road, Nkpor, Anambra State, on Saturday, February 15.
Ebelechukwu stated that divorce rates in Nigeria have risen significantly compared to a decade ago.
While it may appear more common among celebrities due to media attention, ordinary people are also experiencing higher divorce rates.
She mentioned that the primary reasons for the rise in divorce include: economic hardship and greater awareness due to the internet.
Ebelechukwu said, “Financial instability often puts a strain on marriages, and with more access to information, people especially women are less willing to tolerate marital issues.
“Social changes, shifting cultural expectations, and easier access to divorce have also played a role.
“Moreover, urbanization and migration have weakened traditional family support systems, making it harder to sustain troubled marriages.”
She revealed that the divorce process depends on the type of marriage.
Adding that, “In Nigeria, there are statutory, customary, and Islamic marriages.
“For statutory marriages, the couple must have been married for at least two years, unless there is extreme hardship.
“Divorce is granted only if the marriage is irretrievably broken, based on the Matrimonial Causes Act.
“A petition is filed in the High Court, and the petitioner must prove one of eight legal grounds, such as adultery or desertion.
“After filing, the respondent is served, and the court may order reconciliation before granting the divorce.”
Ebelechukwu mentioned that petitions are often rejected.
She stated that, “Divorce is not automatic because the petitioner must provide legally acceptable evidence that the marriage has irretrievably broken down.
“If the evidence is weak or unproven, the petition will be dismissed.
“For example, in the case of Ibrahim v. Ibrahim, the petitioner failed to prove allegations of adultery and separation, leading to dismissal.
“Even uncontested cases require sufficient evidence.
“The court ensures all claims meet legal standards, and if documentation is incomplete or allegations are vague, the case may be rejected or delayed with additional hearings.”
The lawyer also noted that a church wedding doesn’t automatically mean a legal marriage unless it’s performed in a licensed church or accompanied by a statutory or customary marriage.
Ebelechukwu emphasized that if the church is unlicensed, the ceremony is merely a blessing of a customary marriage.
Such marriages have no legal weight unless properly registered, which can affect inheritance and divorce proceedings.
The lawyer further stated that, “Many couples don’t realize this until they face legal issues like property disputes or custody battles and struggle to prove the marriage’s validity.
“It’s important to get legal advice to avoid problems related to divorce, inheritance, and child custody.
“Understanding your marriage type and how it impacts your rights is crucial.”
Ebelechukwu also revealed that they a marriage can be formalized by registering it at a marriage registry.
She mentioned that many couples unknowingly marry in unlicensed churches, but they can rectify this by seeking proper documentation.
If not, the marriage remains customary, subject to native laws rather than statutory protections.
Ebelechukwu then noted that some couples may also opt for a reaffirmation ceremony to ensure legal recognition.
This helps prevent future legal issues, especially with inheritance and divorce.
The lawyer mentioned that if a couple is married under customary law, inheritance follows customary law, not statutory inheritance laws.
Ebelechukwu stated that, “For example, if a man married under statutory law dies without a will, his wife has stronger legal claims under estate laws.
“However, if their marriage is customary, his extended family may have more control over the estate according to native customs.
“This distinction is important in court cases, as statutory marriages provide more explicit legal protections for spouses and children.”
The lawyer then corrected the notion that many people have, thinking that divorce is as easy as submitting a letter.
She said, “It requires evidence and is a legal process.
“Some also believe all church weddings are legally binding, but many aren’t.
“Adultery doesn’t automatically result in divorce if the spouse forgives it.
“There’s also the misconception that the wife always loses custody, but courts decide based on the child’s best interests.
“Another misconception is that both spouses must agree to divorce one spouse can file without consent if they prove the marriage is irretrievably broken.
“The court can proceed if the petitioner’s claims are supported by evidence.”
Ebelechukwu mentioned that if a spouse is absent for seven years without contact, the court may presume them dead and grant a divorce.
Other grounds for divorce include refusal to comply with a court order for conjugal rights or continuous separation for one to three years.
She noted that the missing spouse’s financial and legal obligations are considered, as their absence may affect debts, property ownership, and child custody.
Ebelechukwu then revealed that there are no different types of divorce in Nigeria, but the process varies based on the type of marriage.
She stated that, “Statutory marriages require a court process for divorce, while customary and Islamic marriages follow different procedures, often involving family or religious leaders.
“Judicial separation is not a divorce; the couple stops living together, but the marriage remains.
“During this time, dating others would still be considered adultery.
“Judicial separation is for couples unsure about divorce or for religious reasons, whereas divorce ends the marriage, allowing both parties to remarry.
“A spouse living abroad can file for divorce in Nigeria if they are domiciled here, and virtual hearings can facilitate the process.
“However, the court may decline jurisdiction if both parties have strong foreign ties.
“As for joint assets, the court considers both financial and non-financial contributions, such as emotional support or homemaking.
“The decision depends on factors like the length of the marriage, financial situations, and whether children are involved.
“Courts prioritize the child’s best interests.
“Factors like age, sex, and overall well-being are considered. Generally, young children stay with their mothers unless the father proves otherwise. In some cases, courts may privately interview the child to understand their preferences.
“Financial stability, mental health, and parenting history are also taken into account.
“In high-conflict cases, courts may assign joint custody or allow frequent visitation rights to ensure both parents stay involved in the child’s life.”
Ebelechukwu also stated that Nigerian law provides maintenance under Section 70 of the Matrimonial Causes Act, offering financial support as a lump sum or periodic payments, depending on the spouse’s financial capacity.
However, maintenance is not automatically granted; the claimant must prove the other party’s ability to pay and show their economic dependence and contributions to the family.
She noted that courts consider factors such as financial capacity, conduct, and the ability of the spouse seeking maintenance to achieve financial independence.
When children are involved, child support is typically required for their well-being.
Ebelechukwu also mentioned that a major mistake is rushing to court without considering mediation. Divorce should be the last option, not the first.
Ebelechukwu then revealed that divorce rates are higher among people in their 60s and 70s.
She further stated that, “I’ve seen elderly couples, including a woman in her 70s using crutches, file for divorce.
“For younger couples, infidelity and domestic violence are common reasons for divorce.
“Domestic violence cases tend to succeed in court, as adultery is more difficult to prove and often relies on circumstantial evidence, like hotel visits or pregnancy.
“Many divorce cases are based on domestic violence because infidelity is harder to prove.”
Ebelechukwu finally stated that she will want a change in the rule that a marriage must be two years before divorce can be filed.
“This rule makes it harder for couples in unhappy marriages.
“The law on property settlement is also too vague and should clearly define what counts as a contribution to ensure fair settlements.
“I would also suggest introducing a no-fault divorce system, where people don’t need to prove specific reasons for divorce.
“Lastly, marriage laws should be unified to cover all types of marriages, including customary and Islamic,” the lawyer concluded.
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