How to File a Divorce Lawsuit Outside Matrimonial State: Legal Framework Explained

Editor's note: In this piece, Faruq Abbas, MCIArb (UK), explores the legal framework allowing divorce filings outside the matrimonial residence and the strategic considerations involved.

Recently, the media reported that Admiral Madueke, the ex-husband of the former minister of petroleum, Alison Madueke, filed a divorce lawsuit against her at the High Court of Nasarawa state. The choice of Nasarawa state as the forum for the divorce lawsuit has raised questions among the public, particularly regarding the appropriateness of filing in a state where the couple does not reside.

Section 2 (1) of the Matrimonial Causes Act (MCA) permits the parties in a divorce proceeding to file their lawsuits at any State High Court in the country because the jurisdiction of the high court for divorce cases is one. This provision ensures that the jurisdiction of the High Court is not limited to the parties’ matrimonial residence. The Court of Appeal has upheld this interpretation of section 2 (1) of the MCA in Dr Babalola Amos Adebowale v. Mrs Babalola Adebowale Oluwadamilola (2017) LPELR-42696 (CA).

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It's important to note that while some parties have abused this provision of the MCA in the past, there are legitimate instances where filing for divorce outside the parties’ state of residence is not only acceptable but also strategically advantageous. These instances include the following:

(a) Efficiency and Speed: The fact that some states have less congested court dockets usually makes it possible for lawsuits to be resolved faster. This can be particularly beneficial for parties eager to conclude their divorce.

(b) Privacy Considerations: Although matters handled in the courtroom are usually open to members of the public, it is usually safer for high-profile parties to file their divorce lawsuits in a state where they are not well-known. By choosing a location where they are not well-known, they can minimise media attention during the divorce proceedings.

Notwithstanding the above, where a divorce lawsuit is filed in a jurisdiction that is not convenient for the other spouse, the other spouse can file an application seeking to transfer the lawsuit to a more convenient state. For instance, we recently handled a divorce lawsuit where a spouse filed the lawsuit in a very remote judicial division of the High Court of a Southwestern state, even though the matrimonial home was in Lagos State. Given our client’s inability to travel to attend the Court proceedings due to her responsibilities as a parent with young children, we filed an application asking the Court to transfer the lawsuit to the High Court of Lagos State, and the Court granted our request notwithstanding the opposition from the Petitioner’s counsel.

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In conclusion, although the law permits parties in divorce proceedings to file their lawsuits in any State High Court in Nigeria, it is important for the parties not to choose a location that will be extremely inconvenient for the other spouse. For instance, instead of a spouse who lives in Ajah, Lagos, filing a divorce lawsuit at the Saki Judicial Division of the High Court of Oyo State, it would be more reasonable to opt for the Abeokuta Judicial Division of the High Court of Ogun State. Alternatively, spouses may benefit from discussing and agreeing on a mutually convenient forum before filing. This proactive approach can help prevent delays associated with transfer applications, which can extend the hearing of the divorce lawsuit for an additional three months.

Disclaimer: It should be noted that this article is for general information only and is not offered as advice on any particular matter, whether legal, procedural, or otherwise. If you have any questions about the issues raised in this article, please get in touch with the author at foa@abdu-salaamabbasandco.com.

Source: Legit.ng