"While the law provides a legal pathway for dissolving marriages in Nigeria, breaking ties—even through legal means—is never an easy one and requires complete understanding of the legal process and requirements.INTRODUCTION‘’The Oxford Advanced Learners Dictionary'" defines Divorce as ‘The legal end of a Marriage’. ‘’The Matrimonial Cause Act'' which is the primary legislation for instituting divorce proceedings in Nigeria provides its legal framework and confers on the High Court of any State of the Federation jurisdiction to hear and determine ‘matrimonial causes instituted under the act’.According to the Act, a Petitioner (the person who initiates a legal proceeding by filing a petition in court) can institute divorce proceeding if the Petitioner is able to establish to the court with sufficient evidence that the marriage has ‘broken down irretrievably'. &nbsp;The Petitioner is at liberty to institute a proceedings before the High Court of any State in Nigeria praying for -&nbsp;a. The dissolution of His Marriage or;b. Nullity of a voidable Marriage or;c. Nullity of a void Marriage or;d. Judicial Separation or;e. Restitution of Conjugal Rights or;f. Jactitation of MarriageThe High Court of the State in which the divorce proceeding is instituted on hearing the above petition has the power to make the following decree -a. A decree for the dissolution of Marriageb. A decree for the nullity of Marriagec. A decree of Judicial Separationd. A decree for the restitution of conjugal rightse. A decree for the Jactitation of MarriageHaving laid down the above for easy comprehension, It is worthy to note that due to the complexities of divorce cases and the need to preserve the sanctity of marriage, the Matrimonial causes act provides a legal guide to enable the High Court establish a decree or otherwise on the divorce petition before it.The Act has laid down the conditions for the dissolution of marriage if the petitioner is able to satisfy the court of one or more of the following facts:a. Non-consummation of marriage (absence of sexual intercourse in the marriage).b. Unreasonable Behavior by the respondent in which the petitioner is not expected to live with.c. Adulteryd. Desertion for a continuous period of One year.e. The parties have lived apart for more than two years and do not object to the divorce.f. That the parties have lived apart for more than three years.&nbsp;g. If there has been a decree for restitution of conjugal rights, that the other party has failed to comply for a period of more than one year.h. That the other party has been absent from the petitioner in such manner or circumstances that they may be presumed dead.The effect of the dissolution of marriage when it becomes absolute is that a parties to the marriage may marry again as if the marriage has been dissolved by death.B. Conditions for a decree of Nullity of Marriagea. Either party to the marriage is incapable of consummating the marriage;b. Either party to the marriage is suffering from a disability of the disease&nbsp;A decree of nullity of a voidable marriage shall annul the marriage from and including the date on which the decree became absolute.C. Conditions for Judicial SeparationThe petitioner can pray the court to grant a decree for judicial separation based on one or more fact of the grounds for dissolution of marriage listed above – A judicial separation allows a couple to live apart while remaining legally married. The couple can later apply to have the decree discharged if they decide to resume cohabitation. It is different from a divorce which ends the marriage and allow the couple to remarry.D. Conditions for Restitution of conjugal rightThe condition for restitution of conjugal right stems from the refusal of one party to cohabit without a just cause or excuse. The aggrieved party can file a petition for restitution of conjugal rights.E. Conditions for Jactitation of MarriageA decree for a jactitation of marriage may be based on the ground that a person (the respondent) is falsely claiming to be married to another person (the petitioner). The wronged party (the petitioner) can bring a suit for the jactitation of marriage."Having clearly outlined the conditions provided by the Act that may serve as grounds for initiating divorce proceedings, our next article will highlight the essential steps to take before filing the petition, filing of the petition, the most suitable jurisdiction (based on surrounding circumstance) and the hearing of a divorce petition.

LEGAL GROUNDS TO DIVORCE PROCEEDINGS IN NIGERIA: WHAT YOU SHOULD KNOW BEFORE FILING

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