Divorce is when a marriage is lawfully brought to an end either by a court or other competent authority.

Christian and Civil marriage can be dissolved the same way and that is through court by a husband or wife filling a petition asking court to dissolve the marriage.

Process of petitioning for divorce:

  1. A husband or wife get a lawyer.
  2. The lawyer will help them request the court for divorce by writing and presenting a petition to court.
  3. The power to handle divorce cases is before the High Court where either one or both of the married people are not Africans. Where both of the married people are Africans, the power to handle the divorce is with the Chief Magistrates Court.

Note: In practice, a petitioner will consider the value of the estate likely to be divided upon divorce or the alimony they are seeking to determine whether to go to the High Court. However, most divorce petitions are lodged in the High Court because of its original
unlimited jurisdiction over all matters.

For one to petition for divorce of a Christian and Civil marriage, one must base on any of the following grounds:

For one to petition for divorce of a Islamic marriage, one must base on any of the following grounds:

How is a customary marriage brought to an end?

After divorce, a woman is entitled to maintenance. A wife may apply to court requesting for alimony from the husband. The court may decide for alimony to be paid in a lump sum or yearly or monthly or weekly for any period when the wife is alive. Court may decide that the alimony be paid to the wife or to any one else.