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Consent Order Divorce Template for Nigeria

A Consent Order Divorce document in Nigeria is a formal legal agreement between spouses who mutually agree to end their marriage. Filed with and approved by the Nigerian High Court, this document outlines the terms of divorce including property division, financial arrangements, and where applicable, child custody and support provisions. It operates under Nigerian law, primarily the Matrimonial Causes Act 1970 and Matrimonial Causes Rules 1983, requiring both parties' explicit consent and court validation to become legally binding. The document serves as both the agreement between parties and, once approved, the official court order terminating the marriage.

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What is a Consent Order Divorce?

A Consent Order Divorce is utilized in Nigerian divorce proceedings when both spouses agree to divorce terms without contested litigation. This document type combines a mutual agreement with a court order, streamlining the divorce process under Nigerian jurisdiction. It must comply with the Matrimonial Causes Act 1970 and related legislation, requiring filing in the High Court. The document typically includes comprehensive arrangements for asset division, financial settlements, and if applicable, child custody and support. It's particularly useful for amicable divorces where parties can negotiate terms privately with legal counsel, then present their agreement for court approval. The Consent Order Divorce, once approved by the court, becomes legally binding and enforceable, providing a clear framework for post-divorce obligations and rights of both parties.

What sections should be included in a Consent Order Divorce?

1. Title and Case Number: Document identification including court name, case number, and parties' names

2. Parties: Full legal names and addresses of the Petitioner and Respondent

3. Background: Details of the marriage, including date and place of marriage, and statement that both parties consent to divorce

4. Definitions: Key terms used throughout the consent order

5. Declaration: Statement confirming both parties' agreement to divorce and compliance with legal requirements

6. Financial Arrangements: Agreed division of assets, debts, and financial obligations

7. Property Settlement: Details of how matrimonial property will be divided

8. Execution: Signature blocks for both parties, their legal representatives, and the court

9. Court Order: The formal order dissolving the marriage and implementing agreed terms

What sections are optional to include in a Consent Order Divorce?

1. Child Custody and Support: Required if there are children of the marriage - details custody arrangements, visitation rights, and child support

2. Spousal Maintenance: Include if there is an agreement for ongoing spousal support/alimony

3. Pension Arrangements: Required if pension rights are to be shared or divided

4. Business Interests: Include if either party has business interests that need to be addressed

5. Religious Dissolution: Include for marriages that require religious dissolution alongside civil divorce

6. Immigration Status: Include if divorce affects either party's immigration status

What schedules should be included in a Consent Order Divorce?

1. Schedule A - Asset List: Comprehensive list of matrimonial assets and their agreed values

2. Schedule B - Liability List: List of all debts and liabilities to be divided

3. Schedule C - Property Details: Detailed description of real estate properties and their disposition

4. Appendix 1 - Marriage Certificate: Copy of the original marriage certificate

5. Appendix 2 - Financial Disclosure: Sworn financial statements from both parties

6. Appendix 3 - Child Arrangements: Detailed parenting plan if children are involved

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Nigeria

Publisher

Genie AI

Document Type

Divorce Agreement

Cost

Free to use

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