Nigerian women can’t claim 50% of husband’s assets in divorce

Activist lawyer Madubuachi Idam has highlighted that Nigerian laws do not support the idea of a woman receiving 50 per cent of her husband’s assets in the event of a divorce.

Speaking with Daily Post on Thursday, Idam warned that women who encourage their husbands to enter into a court marriage with the expectation of dividing his property in case of divorce should be aware that such a practice is not recognised by Nigerian law.

Idam explained, “The law that awards 50% or any percentage of a man’s property to his wife during divorce is strange to the Nigerian soil.”

He emphasised that Nigerian law requires spouses to provide evidence of their contribution towards the acquisition of the property to claim any share.

He further stated, “Women who push their man to have them married statutorily (court marriage) with an intention to share in their property during divorce should be informed that such law is alien to Nigeria.”

Idam described the notion of statutory marriage as a means to gain from a divorce as a misconception, noting, “Statutory marriage (court marriage), does not aid a Nigerian woman to reap where she did not or has not sown, if it were so, divorce would have been the most lucrative thing after oil business for some Gen Z’s who are not willing to be married but desperate to escape poverty.”

However, Idam clarified that in the case of a spouse’s death, the surviving partner is entitled to the deceased’s property acquired during the marriage.

“Except in the event of death, where a surviving spouse is entitled to the properties of his or her deceased spouse acquired during the pendency of their ‘Statutory or Court Marriage’. Similar right is not available to the spouse during divorce,” he said.

He concluded by emphasising that laws are territorial and cautioned against using statutory marriage as a strategy to secure a share of a spouse’s wealth in divorce.

“Laws are territorial, what is obtainable in the UK is not automatically applicable in Nigeria except it is legislated as a law in Nigeria.

“If one of your reasons for pushing your spouse to have you married statutorily is to enable you to enjoy a certain percent of his wealth when you or he seeks divorce, you may need to rethink.”

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