A legal expert from Assuage Attorneys has explained the circumstances under which a marriage lasting less than two years can be dissolved in Nigeria.
She emphasised the existence of a “two-year rule” in matrimonial cases, which generally requires that a marriage must be at least two years old before a petition for dissolution can be filed.
However, she outlined key exceptions to this rule.
One such exception arises when one party fails to consummate the marriage, effectively living apart from the other.
Another is when one party commits adultery, and the other party finds it intolerable to continue the marriage. In both cases, a petition for dissolution can be submitted even if the marriage is under two years.
For marriages that do not meet these criteria but still need dissolution within two years, the petitioner must obtain the “leave of court.”
This involves filing a motion accompanied by an affidavit detailing the reasons for the request and the exceptional hardship that would result if permission is denied.
The court will review the evidence and decide whether to grant the motion, allowing the petitioner to proceed with the dissolution.
In practice, the motion for leave and the petition for dissolution are often filed simultaneously. If the court approves the motion, the petition can move forward. The attorney clarified that, while the process requires judicial approval, marriages under two years can indeed be dissolved under specific conditions.
