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The law is clear on the grounds for divorce in Nigeria, the first and most important thing is that the marriage must be at least 2 years old, if it is not, and you would like to get a divorce, you will have to go through another route called ‘annulment. ‘ This was not the case for a newlywed couple who shocked many as they divorced just three minutes after tying the knot – after the groom called his new wife “stupid” for tripping over.
The marriage broke down when the tearful bride demanded an annulment after being mocked by her husband. She tripped up just seconds after signing the marriage contract at a courthouse, and her husband reacted by calling her stupid.
Local media reports claim the judge officiating the ceremony dissolved their marriage on the spot – leaving them with the shortest partnership in Kuwaiti legal history. They had only been married for three minutes.
Internet users flooded social media with support for the woman.
One wrote:
“If this is how he acts right at the beginning, it’s better to leave him.”
Another added:
“A marriage with no respect, is a failed one right from the beginning.”
Divorce in Nigeria is not always a fun topic; in fact, most people shy away from it and see it divorce as a taboo topic. Unfortunately, it is the reality of the world we live in that some couples after getting married will decide for whatever reason that they do not want to carry on with their marriage and want a divorce. Here is technically only one ground for a divorce – irretrievable breakdown of the marriage. This can be proved through one of the below:
Your spouse has wilfully and persistently refused to consummate the marriage- this basically is when one party has refused the other party’s sexual advances since the marriage ceremony, and as a result they have not had sex as man and wife.
Your spouse has committed adultery and you find it intolerable to live with him/her
Your spouse has behaved in such a way that you can’t reasonably be expected to live with him/her (this includes acts of rape, sodomy, habitual drunkenness/intoxication, frequent crime convictions, refusal to pay maintenance etc)
Your spouse has deserted you for a continuous period of at least one year immediately preceding your case for divorce – desertion in this case is basically when the other party has abandoned the marriage.
You have both lived apart for a continuous period of at least two years and you both want a divorce – agreement of both parties is necessary for this ground to be used.
You have both lived apart for a continuous period of at least three years immediately preceding your case for divorce
Your spouse has for a period of not less than one year, failed to comply with a decree or restitution of conjugal rights made by a court – this is when one party has gone to court previously to seek an order for the other party to accede to the party’s request for his/her marital rights pertaining to sex.
Your spouse has been absent long enough to be legally presumed dead (7 years) – under the Evidence Act, when someone is missing for up to 7 years, he/she can legally be presumed dead under the law.
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