Introduction
In Nigeria, marriage is a revered institution, yet couples may face the difficult decision of ending their union due to irreconcilable differences or other reasons. The legal landscape surrounding marriage dissolution in Nigeria is governed by both statutory and customary laws, offering couples various avenues to navigate their exit from matrimony.

Ways Out of a Marriage in Nigeria

1. Dissolution of Marriage
   Dissolution of marriage is the most common way out of a marriage in Nigeria. The Matrimonial Causes Act (1990) provides a single ground for dissolution which is: the marriage must be established to have broken down irretrievably (S. 15(1)). This can be due to wilful and persistent refusal to consummate the marriage, intolerable acts of adultery, cruelty, desertion for at least one year, or living apart for two or three years…
2. Judicial Separation
   Judicial separation, or legal separation, allows couples to separate without ending their marriage. The grounds for judicial separation are cruelty, desertion for at least one year, or adultery (Matrimonial Causes Act, 1990). This option has several effects, including legal separation, cessation of cohabitation, and potential orders regarding property, maintenance, and child custody.
3. Annulment
   Annulment is a legal declaration that a marriage is null and void. In Nigeria, the laws governing annulment are primarily contained in the Marriage Act (1990) and the Matrimonial Causes Act (1990). A marriage can be annulled if it is void from the start (due to lack of consent, consanguinity, affinity, bigamy, or incompetence) or voidable (due to lack of proper ceremony, non-consummation, pregnancy by another man, or adultery).

DISSOLUTION OF MARRIAGE UNDER CUSTOMARY LAW
“Some marriages, which were not formalized through a court marriage or registry, but were celebrated in an informal customary or traditional style (where dowry is paid), can be dissolved through the following legal mechanisms:

• Extra-judicial dissolution: This involves the return of dowry, based on the specific tradition of the community.
• Judicial dissolution: This is the dissolution of a customary marriage through the Customary Court.
• Summary dissolution: This is an informal dissolution, without court involvement, but requires a formal intention to end the marriage.
  It is important to note that church marriages are distinct from court marriages and do not enjoy the same legal benefits. However, they still have legal avenues available for dissolution.

Attorney General’s Role in Nigerian Marriages
The Attorney General plays a crucial role in upholding and interpreting the law, with limited involvement in marriages and divorces. Their roles include:

• Vetting marriage certificates
• Ensuring legal age
• Verifying consent and capacity
• Preventing bigamous marriages
• Intervening in divorce proceedings (validity of grounds, best interests of parties, appeals)

In summary, while the Attorney General cannot directly prevent a marriage or divorce, they ensure marriages and divorces are legally valid and compliant with Nigerian law, protecting the rights of all parties involved.

RINDAP NANJUL DANJUMA Esq
LEGAL PRACTITIONER
[email protected]
+2349062164142

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Exploring Ways Out of a Marriage in Nigeria: A Legal Perspective – Rindap Nanjul Danjuma Esq