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The short answer
A Nigerian divorce obtained through court proceedings is recognised in the UK if it is effective under Nigerian law and, when proceedings began, either spouse was habitually resident in, domiciled in, or a national of Nigeria (Family Law Act 1986, section 46(1)). A divorce obtained without proceedings faces a stricter test, including that neither spouse was habitually resident in the UK for the whole year before it. Before remarrying, you will need the final divorce document.
If you divorced in Nigeria and now want to remarry in the UK, or need to show the Home Office or a pension scheme that an earlier marriage has ended, the question is whether the UK recognises the Nigerian divorce. The answer is set by statute, and for most court divorces it is yes. This is information, not legal advice; a family solicitor can confirm how the rules apply to your facts.
The legal test
Section 46 of the Family Law Act 1986 sets the grounds on which an overseas divorce, annulment or legal separation is recognised in the UK. It splits divorces into two kinds.
Divorces obtained by means of proceedings
Under section 46(1), a divorce obtained through proceedings (for example in a Nigerian court) is recognised if it is effective under the law of the country in which it was obtained and, at the date the proceedings began, either spouse was:
- habitually resident in that country; or
- domiciled in that country; or
- a national of that country.
For most readers the nationality limb settles it: if either of you was a Nigerian national when the Nigerian proceedings started, that condition is met even if you were both living in the UK at the time. The divorce still has to be effective under Nigerian law, which means it must have become final, not just begun.
Divorces obtained without proceedings
Section 46(2) covers divorces that did not go through proceedings. These are recognised only if the divorce is effective where it was obtained, and at the relevant date:
- both spouses were domiciled in that country, or one was domiciled there and the other was domiciled in a country that recognises the divorce; and
- neither spouse was habitually resident in the UK throughout the year immediately before.
This matters for customary divorces. If a customary divorce went through a customary court, it is likely to count as proceedings. If it was only an agreement between families, such as the return of bride price, it may be treated as a non-proceedings divorce, and if either of you had lived in the UK for the whole preceding year, it may not be recognised. Take advice before relying on a family-only divorce.
How the Home Office applies it
The Home Office's partner guidance (version 7.0, October 2024) tells caseworkers that applicants who say they are divorced must provide documentary evidence, and that an overseas divorce is valid if the law of the country where it was obtained recognises it and section 46(1) is met. It notes that for divorces in England and Wales, a decree absolute is accepted for proceedings issued before 6 April 2022 and a final order for proceedings issued on or after that date. Where documents cannot be produced, a current valid marriage to the present partner can sometimes be accepted as evidence that a previous relationship ended.
Remarrying in the UK after a Nigerian divorce
When you give notice of marriage, the register office will want to see that your earlier marriage has ended. Have these ready:
- The final divorce document issued by the Nigerian court, not an interim order.
- A certified translation if any part is not in English.
- Evidence of your nationality, habitual residence or domicile at the date proceedings began, if that is not obvious from your passport.
- If you also need a Certificate of No Impediment from the Nigeria High Commission London, its consular page asks for proof of divorce (decree absolute), a passport copy, a notarised declaration and proof of the impending marriage, with a £20 service charge and £15 processing fee by postal order (as at October 2026).
If the UK body wants the Nigerian divorce document authenticated, the same consular page describes authentication of Nigerian documents after the Ministry of Foreign Affairs in Abuja has authenticated them; see document authentication at the High Commission. For the no-impediment letter in detail, see what the High Commission does for UK marriages.
Divorces that are not recognised
If a Nigerian divorce does not meet section 46, the UK treats the earlier marriage as still existing. A new marriage in the UK could then be invalid, and an application relying on it could fail. The usual remedy is to obtain a divorce that is recognised, which may mean proceedings in England and Wales if you now live here. A family solicitor can advise on which route applies; see when to use a UK solicitor or a Nigerian lawyer.
What to check first
- Was the divorce obtained through a court (including a customary court), or only by family agreement?
- Was it final under Nigerian law, and do you hold the final document?
- Was either of you a Nigerian national, resident or domiciled in Nigeria when it began?
- If it was a non-proceedings divorce, had either of you lived in the UK for the whole year before?
If your new marriage was also contracted in Nigeria, see how the UK treats a Nigerian marriage certificate.
Questions people ask
Is a divorce from a Nigerian court valid in the UK?
Yes, if it is effective under Nigerian law and either spouse was habitually resident, domiciled or a national of Nigeria when proceedings began, under section 46(1) of the Family Law Act 1986.
Is a customary divorce in Nigeria recognised in the UK?
If it went through a customary court it is likely treated as proceedings. A family-only divorce faces the stricter section 46(2) test, including that neither spouse lived in the UK for the whole previous year.
What document do I need to remarry in the UK after a Nigerian divorce?
The final divorce document from the Nigerian court, with a certified translation if needed. The Nigeria High Commission's no-impediment letter also asks for proof of divorce.
We both lived in the UK when we divorced in Nigeria. Is it recognised?
For a court divorce, being a Nigerian national when proceedings began is enough for the connection test, provided the divorce is effective under Nigerian law.
Sources
- Family Law Act 1986, section 46 (legislation.gov.uk) · accessed Oct 2026
- Home Office: Relationship with a partner, version 7.0 (8 October 2024) · accessed Oct 2026
- Nigeria High Commission London: Consular Services · accessed Oct 2026
This article is general information, not financial, legal or tax advice. Products described are provided under the terms on this site and are subject to regulation and eligibility.