The Agreement For Divorce On Mutual Consent is a critical legal document used in Nigeria when both spouses agree to terminate their marriage amicably. This document is prepared in accordance with the Matrimonial Causes Act (Cap M7, Laws of the Federation of Nigeria 2004) and must be filed with the appropriate High Court having jurisdiction. It is specifically designed for situations where both parties have reached consensus on key matters such as property division, financial arrangements, and child custody (if applicable). The agreement serves multiple purposes: it demonstrates to the court that both parties have voluntarily agreed to the divorce, details the terms of their separation, and provides a legally binding framework for their post-divorce relationship. The document is particularly important in Nigerian jurisdiction as it helps expedite the divorce process and reduces the emotional and financial burden of contested proceedings.
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1. Parties: Identification and details of both spouses, including full legal names, addresses, and occupation
2. Background: Details of the marriage including date and place of marriage, length of cohabitation, and date of separation
3. Definitions: Definitions of key terms used throughout the agreement
4. Statement of Mutual Consent: Clear declaration that both parties mutually agree to dissolve the marriage
5. Grounds for Divorce: Statement confirming irretrievable breakdown of marriage and that the marriage has broken down beyond reasonable reconciliation
6. Financial Settlement: General terms regarding division of financial assets, liabilities, and any ongoing financial obligations
7. Property Division: Overview of how matrimonial property will be divided
8. Legal Costs: Agreement on how legal costs related to the divorce will be handled
9. Future Conduct: Agreement on mutual respect and non-interference in future personal lives
10. Governing Law: Specification that the agreement is governed by Nigerian law
11. Entire Agreement: Clause stating this document represents the entire agreement between parties
12. Execution: Signing requirements and declaration of free consent
1. Child Custody and Support: Required if the couple has children - details custody arrangements, visitation rights, and child support obligations
2. Spousal Maintenance: Include if one party will provide financial support to the other after divorce
3. Business Interests: Required if either party owns business interests that need to be addressed
4. Pension and Retirement Benefits: Include if there are pension or retirement benefits to be divided
5. Religious Considerations: Include if specific religious requirements need to be addressed regarding the divorce
6. Immigration Status: Required if the divorce affects either party's immigration status
7. Confidentiality: Include if parties wish to keep the terms of settlement private
8. Dispute Resolution: Optional clause for handling future disputes through mediation before court action
1. Schedule A - Asset Division: Detailed list of all matrimonial assets and their agreed division
2. Schedule B - Property Details: Specific details of real estate properties and their disposition
3. Schedule C - Child Care Arrangements: Detailed parenting schedule, education decisions, and special arrangements for children
4. Schedule D - Financial Disclosure: Complete financial disclosure from both parties
5. Schedule E - Maintenance Payment Schedule: Detailed schedule of any maintenance payments, including amounts and dates
6. Appendix 1 - Marriage Certificate: Copy of original marriage certificate
7. Appendix 2 - Court Documents: Copies of relevant court documents or orders
8. Appendix 3 - Property Valuations: Professional valuations of significant assets
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