The Pre-Marriage Divorce Agreement is a crucial document in Nigerian family law, designed to provide clarity and protection for couples entering into marriage. This agreement becomes particularly important in a jurisdiction like Nigeria, where multiple legal systems (common law, customary law, and Sharia law) may apply. The document is commonly used when one or both parties have significant assets, business interests, or inherited wealth that they wish to protect. It typically includes detailed provisions for property division, financial obligations, and dispute resolution mechanisms, while ensuring compliance with both federal and state laws. The agreement must be carefully drafted to remain enforceable under Nigerian law, taking into consideration the requirements of the Marriage Act and Matrimonial Causes Act, as well as relevant customary laws depending on the parties' backgrounds.
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1. Parties: Full legal names and details of both parties entering into the agreement
2. Background: Context of the agreement, including the intended marriage date and purpose of the agreement
3. Definitions: Clear definitions of key terms used throughout the agreement
4. Legal Requirements and Jurisdiction: Confirmation of compliance with Nigerian law and specification of governing jurisdiction
5. Separate Property: Detailed provisions regarding property owned by each party before marriage
6. Marital Property: Provisions regarding property acquired during marriage and its treatment
7. Financial Obligations: Details of financial responsibilities during marriage and upon divorce
8. Debt Allocation: Treatment of existing and future debts
9. Spousal Support: Terms regarding alimony or maintenance payments in event of divorce
10. Dispute Resolution: Process for resolving disagreements about the agreement
11. Amendment Procedure: Process for making changes to the agreement
12. Severability: Provision ensuring remainder of agreement stands if any part is found invalid
13. Execution: Signing requirements and attestation provisions
1. Business Interests: Provisions regarding ownership and management of business assets, used when either party owns a business
2. Inheritance Rights: Specific provisions regarding inheritance, particularly relevant when significant family wealth is involved
3. International Assets: Provisions for assets held outside Nigeria, included when parties have foreign investments or property
4. Religious Considerations: Specific provisions aligned with religious requirements, particularly relevant for Muslim couples under Sharia law
5. Children from Previous Marriages: Provisions protecting interests of children from previous marriages, if applicable
6. Intellectual Property Rights: Provisions regarding ownership of intellectual property, relevant for professionals or creators
7. Cultural Property: Provisions regarding traditional or cultural property, particularly relevant under customary law
8. Future Gifts and Inheritance: Treatment of anticipated future inheritances or gifts from family members
1. Schedule A - Separate Property of First Party: Detailed inventory of first party's pre-marital assets and property
2. Schedule B - Separate Property of Second Party: Detailed inventory of second party's pre-marital assets and property
3. Schedule C - Joint Property: List of any existing joint property or assets
4. Schedule D - Business Assets: Detailed listing of business interests and their agreed treatment
5. Schedule E - Debts and Liabilities: Comprehensive list of existing debts of both parties
6. Appendix 1 - Financial Disclosure: Financial statements and documentation from both parties
7. Appendix 2 - Legal Certificates: Relevant legal documents including marriage certificates, property titles
8. Appendix 3 - Independent Legal Advice: Certificates of independent legal advice received by both parties
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