How long does divorce proceedings take in Nigeria

In Nigeria, the High Court has the jurisdiction for divorce petitions. One of the most common questions we get asked by clients is the lenght of time it would take to get their marriage dissolved.

The short answer to the question is an average of 9 months to 1 year. However, there are many variables. that could dynamically affect this time estimation. Here are some of them.

Juidcial Division

The courts in Nigeria are divided into different judicial divisions and these divisions have their own peculiar rules of court and procedure. Since a Petiton for Dissolution of Marriage could be brought up on any Judicial Division in the country regardless of where the couple live or work, it therefore means that filing a Pettion for Dissolution of marriage could be done in a Judicial Division that has relaxed rules or that is less busy could lead to faster proceedings and judgement.

Regardless that all High Courts in Nigeria can entertain divorce proceedings, the jurisdiction can be successfully challanged by a party to the Petition if the Judicial Division in not convinient. It is important to do your reserch before filing at any particular Judicial Division.

Judge

A judge cannot be challaged on how best he wants to handle a Petition. Some judges adjudicate faster than others. There are certain elements judges have that could affect the lenght of the proceedings. These include but not limited to experience, temperament, religious background etc, health etc.

Lawyer

When a lawyer is experienced, he can anticipate all the pittalls that can delay a case and prepare for them. filing or replying all Motions early enough can greatly speed up the lenght of the trial. An experienced lawyer that understands the rules will use it to his advantage

Statute

This is the main impediment to speed in a divorce proceeding. The Matrimonial Causes Act states that a decree nulifying the marriage (Decree Absolute) can only be gotten six months after judgement. It therefore means that no matter how fast the proceedings go, it will take a minimum of six months to get your divorce certificate.

From my experience as a divorce lawyer, it will take about 9 months to 1 year to get a decree absolute. This is in the situation there is no contention between the parties. Where the parties are at logger heads with issues like child custody, property, maintenance etc, it is not uncommon to see the proceedings extend into 2 years.