16/10/2026
MUST SHE ENDURE ABUSE UNTIL DIVORCE?”
Amaka has been married to Tunde for the past eight years.
Anytime they have a disagreement, Tunde insults her, threatens to beat her up and sometimes ends up laying hands on her.
He also controls the amount of money she spends and threatens to send her out if she complains.
Amaka has tolerated it all because her family keeps telling her:
“You are a married woman. You cannot leave your husband’s house. Just wait until the court grants you a divorce.”
But must Amaka suffer until the court grants her divorce to show her respect for her marriage?
⚖️ WHAT DOES NIGERIAN LAW SAY?
1. Her safety is of utmost importance.
She cannot wait for a divorce to take place before seeking help. If she feels threatened, she can take steps to secure her safety and appropriate legal protection.
2. Her abusive husband’s behavior could be a sufficient reason for divorce.
According to Section 15(2)(c) of the Matrimonial Causes Act, a court can grant a divorce if a party to the marriage behaves in a manner that the other party cannot reasonably be expected to continue to live with them.
3. Walking out of the house does not mean that the divorce is final.
While a marriage is only legally terminated when the court grants a divorce, Section 18 of the Matrimonial Causes Act provides that a spouse whose conduct causes the other to leave is guilty of desertion.
4. She does not have to wait till her divorce is final before seeking protection. Depending on the applicable law in her state, she could apply for protection and other remedies.
5. Evidence will be needed to prove that her fears are justified. Medical reports, photographs of injuries, threatening messages, and testimonies may be required.
However, she must never put herself at risk to gather evidence.
📌 THE PRACTICAL LESSON
Marriage does not give people a license to treat others the way they like.
Family pressure, religious beliefs, and fear of public opinion should not make anyone stay in their immediate danger.
If you are facing domestic violence, seek help from trusted friends, family, lawyers, or the right authorities. If you think you are in immediate danger, get to a safe place and call the relevant emergency services.
⚖️ THE LEGAL PLUG BY M.C. IFECHUKWU, ESQ.
Making Nigerian law easy to understand.
👇 LET'S DISCUSS:
Should a woman be condemned for abandoning an abusive marriage before the court grants her divorce, or should her safety be prioritized?
Post your honest opinion in the comments.