Cohabitation Agreement For Married Couples Template for Nigeria

A legally binding agreement under Nigerian law that establishes the financial and property arrangements between married couples during their cohabitation. This document addresses property rights, financial responsibilities, and household management while respecting both statutory and customary law principles applicable in Nigeria. It provides clarity on asset ownership, expense sharing, and financial obligations while considering the unique aspects of Nigerian matrimonial law, including recognition of both civil and customary marriages.

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What is a Cohabitation Agreement For Married Couples?

The Cohabitation Agreement For Married Couples is designed for use in Nigeria where married couples seek to establish clear guidelines for their financial and property arrangements during marriage. This document becomes particularly important given Nigeria's complex legal system that recognizes statutory, customary, and Islamic marriages. It helps prevent future disputes by clearly documenting the couple's agreed arrangements regarding property ownership, financial responsibilities, and household management. The agreement must comply with Nigerian federal laws, including the Marriage Act and Matrimonial Causes Act, while respecting customary law principles where applicable. It's especially useful for couples with significant assets, those entering second marriages, or those wanting clarity on financial responsibilities during their marriage.

What sections should be included in a Cohabitation Agreement For Married Couples?

1. Parties: Identification of both spouses, including full legal names, addresses, and marriage details

2. Background: Brief history of the marriage, reason for the agreement, and statement of intention to create legal relations

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Rights: Detailed provisions regarding ownership, division, and management of joint and separate property

5. Financial Arrangements: Terms for handling joint finances, expenses, and financial responsibilities

6. Household Expenses: Agreement on sharing and managing household expenses and utilities

7. Bank Accounts: Provisions regarding joint and separate bank accounts

8. Debts and Liabilities: Allocation of responsibility for existing and future debts

9. Dispute Resolution: Process for resolving disagreements, including mediation requirements

10. Amendment and Termination: Procedures for modifying or terminating the agreement

11. Governing Law: Specification of Nigerian law as governing law and jurisdiction

12. Severability: Provision ensuring remainder of agreement stays valid if any part is found unenforceable

13. Entire Agreement: Confirmation that the document represents the complete agreement between parties

What sections are optional to include in a Cohabitation Agreement For Married Couples?

1. Child Care and Support: Include if the couple has or plans to have children - covers childcare responsibilities and financial support

2. Religious Observance: Include for couples following specific religious practices that affect their cohabitation

3. Business Interests: Include if either spouse owns a business or they have joint business interests

4. Inheritance Rights: Include if parties wish to specify inheritance arrangements beyond statutory provisions

5. Medical Decisions: Include if parties want to address medical decision-making rights

6. Pets and Animals: Include if the couple has pets and wants to address their care and ownership

7. Cultural Practices: Include if specific cultural or traditional practices need to be observed

8. Future Property Acquisition: Include if parties anticipate acquiring significant assets during the marriage

What schedules should be included in a Cohabitation Agreement For Married Couples?

1. Schedule A - Property Inventory: Detailed list of all properties owned by each party at the time of agreement

2. Schedule B - Financial Disclosure: Complete financial disclosure from both parties including assets and liabilities

3. Schedule C - Household Items Inventory: List of jointly owned household items and their agreed ownership

4. Schedule D - Debt Schedule: Detailed list of all current debts and liabilities of both parties

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

6. Appendix 2 - Property Documents: Copies of property titles and relevant documentation

7. Appendix 3 - Bank Account Details: List of all bank accounts and financial instruments

8. Appendix 4 - Business Documents: Relevant business ownership documents if applicable

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

Cost

Free to use

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