Download Affidavit of Separation in Nigeria

An Affidavit of Separation is a formal sworn statement used by a spouse to declare that they are living apart from their husband or wife.

It is important to note that under the Matrimonial Causes Act of Nigeria, this affidavit does not dissolve a statutory marriage; only a court-issued Decree Absolute can legally end a statutory marriage. However, this affidavit serves as a crucial evidentiary document to prove the factual status of the relationship at a given point in time.

Purpose and Application

This affidavit is frequently utilized in situations where a couple has separated but has not yet concluded—or perhaps even started—formal divorce proceedings. It serves several practical purposes: it can be used to separate financial liability, ensuring that one spouse is not held responsible for debts incurred by the other after the separation date. It is also used in child custody matters to establish the timeline of the household breakup. Furthermore, it may be required by government agencies or employers when updating next-of-kin records or changing tax statuses that are dependent on cohabitation.

Establishing Grounds for Divorce

In the context of Nigerian divorce law, one of the facts proving that a marriage has broken down irretrievably is that the parties have lived apart for a continuous period of at least two years (with the respondent's consent) or three years (without consent). An Affidavit of Separation sworn at the beginning of this period can serve as compelling evidence to specific dates when the couple ceased living as 'husband and wife,' thereby helping to establish the timeline required for a future divorce petition.

Content Requirements

The document must clearly state the names of the parties, the date and place of the marriage, and the specific date since which the couple has been living apart. It typically includes a clause stating that the separation is due to irreconcilable differences or other valid reasons. By swearing to this affidavit, the deponent creates a public record of the separation, which brings clarity to the ambiguous period between a breakup and a legal divorce.