Resolution Law Firm is one of the leading law firms in Nigeria | +2348099223322 |   

info@resolutionlawng.com 

Home About The Firm Lawyers Practice Areas Blog & Insights

Careers Contact Us PODCASTS

↓
 Contact Us

HOW TO RESPOND TO PETITION FOR DIVORCE IN

NIGERIA
Any person who has been served with a divorce in Nigeria may respond to the Petition by

filing an answer in a prescribed form. First of all, it is essential for filing purposes to state

that a person who institutes a divorce petition for dissolution of marriage because the
marriage has broken down irretrievably is called a Petitioner, while the other spouse

against whom it is filed against is called a Respondent.

A Divorce Petition is filed at any State High Court in Nigeria where a statutory marriage
conducted between two people has broken down irretrievably. In our previous write-up, we

explained the procedure for instituting a divorce petition in Nigeria.

 p p g p g

The ground for instituting the action for divorce must conform with Section 15 of the


Matrimonial Causes Act, 1970. The Petitioner, through a legal practitioner who prepared the
Privacy - Terms

Petition, ensures that the Petition filed is duly served on the Respondent as provided under

Order III, Part 2 of the Matrimonial Causes Rules which states that;

“….when an application to a Court has been filed, the applicant shall cause service of the

application to be effected on each other party to the application.”

The purpose of ensuring service of the divorce petition filed is to allow the Respondent to

exercise his or her rights by responding to the Petition by filing an answer or Cross-Petition

where he also wants to divorce his or her spouse on reasons other than what is alleged in
the Petition.

The Respondent exercises the process of responding to a Divorce Petition by filing a written
Answer to the Petition filed. The Respondent usually files the Answer through his legal

practitioner. An Answer to a Petition filed is the act of acknowledging receipt of the

dissolution of marriage, challenging information raised about him or her in the wedding, and
also to deny any false allegations or facts raised in the Petition. The Respondent’s Answer

filed should also state his or her position on the other reliefs sought in court, such as child
↓
custody (where there is a child involved), maintenance and settlement of property, or any
other reliefs sought by the Petitioner in the divorce Petition
 Contact Us

According to Order VII of the Matrimonial Causes Rules, the Respondent or a co-

Respondent in proceedings instituted by Petition or a person named in a petition may by

filing an answer:

a. deny a fact alleged in the Petition;

b. state that he does not know and cannot admit the truth of a fact alleged in a Petition;
c. allege a fact; or
d. admit the truth of a fact, being a fact material to the proceedings instituted by Petition, or

a person named is a party or in which he is entitled to intervene.

Also, where the Respondent or co-respondent in a proceeding instituted by Petition or a

person named in a petition desires to submit to the Court that it should dismiss the divorce
proceedings; he shall in an Answer filed for the purpose, asking the Court to dismiss the

proceedings.

A Respondent who desires to challenge the jurisdiction of the Court to which the Petition is
addressed can also file an Answer Under Protest objecting and stating the grounds upon
 addressed can also file an Answer Under Protest objecting and stating the grounds upon

which he or she objects to the jurisdiction of the Court.


An Answer filed shall be filed by the Respondent within the time limited by the Notice of
Petition addressed to the party filing an Answer. The time specified to file an Answer to a

Petition is 28 days.

Where a divorce petition has been duly filed and served on the Respondent by the
Petitioner, the Respondent, who fails to respond to the Petition will be likely presumed to

agree with the divorce and other reliefs sought in it. The Court, in its powers, will grant
sufficient time to the Petitioner to ensure that the Respondent is appropriately served with
the divorce petition and all other processes involved in the dissolution of marriage. Where

the Respondent still refuses to acknowledge the Petition by filing an Answer, then the Court
will dissolve the marriage after the necessary proceedings are concluded.

Where a Respondent wants a divorce after a Petition has been served on him or her, he or

she can also file an Answer with a Cross-Petition on the same document. The Answer and
Cross-Petition also state the reliefs sought by the Respondent, such as joint custody or sole
custody of the child (ren) of the marriage, maintenance, or property sharing, if any.

↓
Once the Respondent has filed and served the Answer and Cross-Petition, the Court will
then determine the status of the marriage while relying on the Petition filed by the
 Contact Us

Petitioner, and the Answer/or Answer and Cross-Petition filed by the Respondent.

In closing, the Respondent must file an Answer to any divorce petition within 28 days if he or

she wants the Court to take into account his or her part of the story before making a final
decision in respect of the Petition. Filing this type of Answer is very crucial where the
Respondent seeks to deny some of the facts stated in the Petition or pursue any other reliefs

for himself or herself. Where the Respondent fails to respond to a divorce Petition after fully

served with the copy of the Petition, such a Respondent shall be deemed to have accepted
all the facts contained in the Petition.

By Family Law Team at Resolution Law Firm

Email: info@resolutionlawng.com

Tel: +2348099223322
 Share This Story, Choose Your 
Platform!
       

Related Posts

RIGHTS OF A LEGAL
 
WIFE TO FAMILY
PROPERTIES IN APPRAISAL OF
DIVORCE JOINT OWNERSHIP
June 7th, 2021 OF PROPERTY
UNDER NIGERIA
↓ LAW
May 9th, 2021
 Contact Us

SUBSCRIPTION CONTACT INFO LOCATIONS PAGES

FOR UPDATES
FROM US Phone: 01-453 6833 Ikeja, Lagos Office:  DISCLAIMER
Mobile: Second Floor, Alphon
Email* +2348099223322 House, N0 50/52,  Newsletter

(WhatsApp) Toyin Street, Ikeja,

 PODCASTS
Email: Lagos, Nigeria
Subscribe info@resolutionlawng.comLekki, Lagos Office:
 PRIVACY AND
3A, Siji Soetan Street,
COOKIE POLICY
Off Admiralty Way,
Behind Access Bank  STARTUP
PLC, Lekki Phase 1, ADVISORY &

Lagos, Nigeria STARTUP

 Abuja Office: LAWYERS IN

No 8, Lake Chad NIGERIA


Crescent, Maitama, FOLLOW US
Abuja, Nigeria

  

London Office: 
KEMP House 160 City

Road, London United

Kingdom ECiV2NX

© Copyright 2021 | Resolution Law Firm | All Rights Reserved    

↓
 Contact Us