Decree Absolute Nigerian Divorce

RonsDaughter
RonsDaughter Posts: 80 Forumite
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Can anyone please shed light on the Nigerian Divorce process please?

My friend "G" is Nigerian. She married her Nigerian husband in Nigeria. They moved to UK on his work visa but the marriage failed.

Her husband started divorce proceedings in a Nigerian Court.

He was granted the divorce and a relative was able to get a copy of the Nisi certificate but there is a lot of confusion about the Absolute.

90 days have elapsed, so we assume the Absolute has been automatically applied, however, G can't get a copy of the certificate. The relative insists she doesn't need one, but G will need to prove her martial status at some point. 

Please, can anyone advise on how to get the Absolute certificate, and how to get it legalised in UK?

Comments

  • MEM62
    MEM62 Posts: 5,252 Forumite
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    This is a UK based forum.  I doubt that there will be many experts in Nigerian divorce proceedings here.   
  • Exodi
    Exodi Posts: 3,682 Forumite
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    edited 25 February at 2:02PM
    I think you'll be hard pressed to find someone au fait with Nigerian marriage processes (I'm certainly not) but at least in the UK, a decree nisi (conditional order) being issued doesn't automatically cause a decree absolute (final order) to be generated, It just means the court has no objections to you getting divorced. You then have to wait for the prescribed period before you can apply for the final order, and most use this time to also work on a clean break (financial order) by arguing over who gets what, though this isn't strictly mandatory (but a good idea).

    I'm not sure if Nigeria is the same as the UK.

    EDIT: a brief google does suggest Nigeria is in fact not the same as the UK and suggests in Nigeria, the decree nisi automatically turns into a decree absolute after 90 days.

    I'd agree with you that G absolutely needs the final order, can she contact the court that issued the Nisi? A nisi does not confirm a divorce. Really you/she should be consulting a lawyer specialising in Nigerian divorce, rather than forumgoers on a UK moneysaving website.
    Know what you don't
  • RAS
    RAS Posts: 35,011 Forumite
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    G needs advice from a Nigerian lawyer experienced in divorce law for the relevant state. If there is such a thing as a clean break or financial settlement, she needs to sort that out.

    And possibly advice from a UK divorce lawyer on the admissibility of both. She doesn't want to get 20 years down the line, have built a comfortable life and have her ex rock up chasing part of her pension.

    Presumably he's equally keen to ensure the same?
    If you've have not made a mistake, you've made nothing
  • RonsDaughter
    RonsDaughter Posts: 80 Forumite
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    RAS said:
    G needs advice from a Nigerian lawyer experienced in divorce law for the relevant state. If there is such a thing as a clean break or financial settlement, she needs to sort that out.

    And possibly advice from a UK divorce lawyer on the admissibility of both. She doesn't want to get 20 years down the line, have built a comfortable life and have her ex rock up chasing part of her pension.

    Presumably he's equally keen to ensure the same?
    Yes thanks... I know it is an outside chance that anyone has any experience of Nigerian divorce laws! 
    But you have raised a point we hadn't considered re 20 years hence. We will search for a specialist. I'm pretty sure there is one out there!
  • RonsDaughter
    RonsDaughter Posts: 80 Forumite
    Fourth Anniversary 10 Posts Name Dropper
    Exodi said:
    I think you'll be hard pressed to find someone au fait with Nigerian marriage processes (I'm certainly not) but at least in the UK, a decree nisi (conditional order) being issued doesn't automatically cause a decree absolute (final order) to be generated, It just means the court has no objections to you getting divorced. You then have to wait for the prescribed period before you can apply for the final order, and most use this time to also work on a clean break (financial order) by arguing over who gets what, though this isn't strictly mandatory (but a good idea).

    I'm not sure if Nigeria is the same as the UK.

    EDIT: a brief google does suggest Nigeria is in fact not the same as the UK and suggests in Nigeria, the decree nisi automatically turns into a decree absolute after 90 days.

    I'd agree with you that G absolutely needs the final order, can she contact the court that issued the Nisi? A nisi does not confirm a divorce. Really you/she should be consulting a lawyer specialising in Nigerian divorce, rather than forumgoers on a UK moneysaving website.
    Yes, I know it is an outside chance that anyone has any experience of Nigerian divorce laws! But you have confirmed she needs the final order which is more info than we had previously. 
    Thank you for taking the time to reply.  :)
  • RAS
    RAS Posts: 35,011 Forumite
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    There will be Nigerian qualified lawyers who have since emigrated to practice in the UK having converted who might be useful?
    If you've have not made a mistake, you've made nothing
  • Savvy_Sue
    Savvy_Sue Posts: 47,149 Forumite
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    RAS said:
    There will be Nigerian qualified lawyers who have since emigrated to practice in the UK having converted who might be useful?
    Or a quick google of "UK solicitor for Nigerian divorce" brings up a useful range. 
    Signature removed for peace of mind
  • RonsDaughter
    RonsDaughter Posts: 80 Forumite
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    Ok everyone, thank you all for your comments... all helpful.
    She found a Nigerian lawyer who has dealt with it.
    For future reference, they had to apply to the court where the divorce was heard in Nigeria, and apply for the Absolute certificate which gave the date of the Nisi and the Absolute.
    So, thanks again everyone  :)

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