The Affidavit For Divorce is a fundamental document in Nigerian divorce proceedings, required under the Matrimonial Causes Act 1970 and associated regulations. It serves as the primary sworn testimony supporting a petition for divorce, detailing the marriage history, grounds for dissolution, and supporting facts. This document must be prepared when initiating divorce proceedings in Nigerian courts and requires careful attention to both substantive content and procedural requirements. The affidavit must be sworn before a Commissioner for Oaths and should include all relevant information about the marriage, its breakdown, attempts at reconciliation, and any matters concerning children, property, or maintenance. Its contents must be truthful and accurate, as false statements can lead to perjury charges. The document is particularly crucial as Nigerian courts rely heavily on written evidence in divorce proceedings.
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1. Title and Heading: Formal title 'AFFIDAVIT IN SUPPORT OF PETITION FOR DISSOLUTION OF MARRIAGE', including court details and suit number
2. Deponent Details: Full name, age, religion, occupation and residential address of the person making the affidavit
3. Marriage Details: Date, place and type of marriage (statutory, customary, or Islamic), including details of marriage certificate
4. Grounds for Divorce: Clear statement of the ground(s) for seeking divorce under the Matrimonial Causes Act
5. Facts in Support: Chronological narrative of events and circumstances supporting the grounds for divorce
6. Attempts at Reconciliation: Statement describing attempts made to save the marriage, if any
7. Prayer: Specific request to the court for dissolution of marriage
8. Verification Statement: Standard declaration that the contents are true and correct
9. Jurat: Official certification by the commissioner for oaths, including date and place of swearing
1. Custody Arrangements: Details of existing or proposed custody arrangements for children, used when there are children from the marriage
2. Property Settlement: Description of how matrimonial property should be divided, used when there are substantial shared assets
3. Maintenance Claims: Details of any maintenance or alimony claims, used when financial support is being sought
4. Domestic Violence History: Documentation of any domestic violence incidents, used when divorce ground includes cruelty
5. Third Party Affidavits: Supporting affidavits from witnesses, used when external verification of claims is needed
1. Marriage Certificate: Certified copy of the marriage certificate
2. Children's Birth Certificates: Copies of birth certificates for any children of the marriage
3. Property Documents: List and supporting documents of matrimonial properties
4. Financial Statement: Statement of financial position including assets, liabilities and income
5. Supporting Evidence: Photographs, correspondence, police reports or other documentary evidence supporting the grounds for divorce
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