Foreign marriages between a Nigerian and a citizen of another country has increased due to globalization and mobility or what we term “Japa” for reasons best known to Nigerians, and this is no longer uncommon for Nigerian citizens to contract marriages abroad. However, when such marriages break down, questions often arise as to whether Nigerian courts have the legal authority to dissolve them.&nbsp;At Oroko &amp; Co Legal, we recently secured a favourable judgment for a client whose marriage was celebrated abroad but dissolved in Nigeria. This blog post sheds light on the complex intersection of domestic and international matrimonial law involved in dissolving foreign marriages in Nigerian courts.The core legislation governing matrimonial causes in Nigeria is the Matrimonial Causes Act, Cap M7, Laws of the Federation 2004. Under this Act, a Nigerian court has jurisdiction to entertain a petition for the dissolution of a marriage celebrated outside Nigeria, subject to certain conditions.Jurisdiction is the foundation of every litigation, and it is not different in dissolution proceedings. Section 2(1) of the Matrimonial Causes Act vests jurisdiction in the High Court of a State, while Section 3(1)(c) provides that a marriage celebrated outside Nigeria is considered valid if it complies with the law of the place where it was celebrated.&nbsp;The Act recognizes such marriages and permits their dissolution within Nigerian courts if the petitioner is domiciled in Nigeria. So, if you were married in the UK, Ghana, Canada, or anywhere else, your marriage is presumed valid in Nigeria if it complied with the laws of that country. This principle was reinforced in the Court of Appeal decision of Alli v. Okoloko (2023) LPELR-60700(CA).One of the major issues for a High Court of a State to consider in the dissolution of a foreign marriage is the Domicile of the Petitioner. In Omotunde v. Omotunde (2001) 9 NWLR (Pt. 718) 252, domicile was defined as a person’s true and permanent home.&nbsp;To initiate divorce proceedings in Nigeria for a foreign marriage, the petitioner must be domiciled in Nigeria. The petitioner must demonstrate that they are either domiciled by origin or choice in Nigeria. If domicile is established, the Nigerian court has jurisdiction to dissolve the marriage, even if the ceremony occurred outside the country.Grounds for Dissolution of Foreign MarriageJust like a local marriage, the grant of dissolution of a foreign marriage is subject to Section 15(1) of the Matrimonial Causes Act, which provides that a marriage may be dissolved on the ground that it has broken down irretrievably, by proving any of the grounds stated in Section 15(2) (a-h).In our client case just concluded, the court dissolved the marriage under Section 15(2)(c), based on evidence that the respondent’s behavior made it unreasonable to expect the petitioner to continue living with them. The court agreed the marriage had broken down irretrievably upon sufficient evidence and granted the decree of dissolution.The dissolution process begins with filing a petition, supported by a verifying affidavit. If the respondent does not appear, the matter may proceed undefended. One major challenge is proving the validity of the marriage under foreign law. In this case, the petitioner successfully tendered a certified copy of the foreign marriage certificate and corroborating exhibits.ConclusionA foreign marriage may feel legally distant, but the Matrimonial Causes Act ensures that Nigerian citizens are not stranded in marital limbo. With the right legal foundation of a valid foreign marriage, proof of domicile, and evidence of irretrievable breakdown, a Nigerian High Court can grant a decree of dissolution, even where the marriage was contracted outside Nigeria.

DISSOLUTION OF FOREIGN MARRIAGES IN NIGERIA

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