Common Law Partner Agreement Template for Nigeria

A comprehensive legal agreement governed by Nigerian law that establishes and regulates the rights, responsibilities, and obligations between two individuals in a common law partnership. This document addresses various aspects including property rights, financial arrangements, living conditions, and separation provisions, while considering both federal Nigerian legislation and relevant customary laws. The agreement provides legal protection and clarity for both partners in areas such as asset ownership, financial responsibilities, and dispute resolution, while remaining compliant with Nigerian constitutional and property law frameworks.

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What is a Common Law Partner Agreement?

The Common Law Partner Agreement serves as a crucial legal document in Nigeria for couples who choose to live together in a committed relationship without entering into a statutory marriage. This agreement becomes particularly important given Nigeria's complex legal system that incorporates common law, statutory law, and customary law. The document is essential for partners who wish to clearly define their rights and responsibilities, especially regarding property ownership, financial obligations, and mutual support commitments. It should be used when partners begin cohabitation or at any point during their relationship to formalize their arrangements. The agreement typically includes provisions for property division, financial responsibilities, separation terms, and dispute resolution mechanisms, while taking into account both federal Nigerian legislation and local customary laws that might affect the relationship.

What sections should be included in a Common Law Partner Agreement?

1. Parties: Identification and details of both partners entering into the agreement

2. Background: Context of the relationship and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Nature of Relationship: Declaration of common law partnership and its voluntary nature

5. Commencement Date: When the agreement and formal recognition of the partnership begins

6. Living Arrangements: Terms of cohabitation and shared residence

7. Financial Arrangements: Management of joint and separate finances, shared expenses

8. Property Rights: Ownership and rights regarding joint and individual property

9. Separation Provisions: Process and terms for ending the partnership

10. Dispute Resolution: Methods for resolving disagreements

11. Governing Law: Confirmation of Nigerian law governing the agreement

12. Signatures: Execution clause and signature blocks

What sections are optional to include in a Common Law Partner Agreement?

1. Children: Arrangements for existing or future children, including custody and support - include if either partner has or plans to have children

2. Business Interests: Management of shared business interests or investments - include if partners have joint business ventures

3. Inheritance Rights: Specific provisions for inheritance between partners - include if partners wish to establish inheritance rights

4. Healthcare Decisions: Authority for medical decisions - include if partners want medical decision-making rights

5. Religious Observance: Agreements regarding religious practices - include if religious considerations are important to the partnership

6. Pets and Animals: Care and ownership of pets - include if partners have or plan to have pets

7. Debt Management: Handling of existing and future debts - include if significant debt considerations exist

8. Cultural Practices: Agreements regarding cultural obligations and practices - include if cultural considerations are important

What schedules should be included in a Common Law Partner Agreement?

1. Schedule A - Property Inventory: Detailed list of all individual and joint property owned at agreement date

2. Schedule B - Financial Statement: Current financial position of both partners

3. Schedule C - Household Expenses: Breakdown of shared household expenses and contribution arrangements

4. Schedule D - Personal Effects: List of personal items and their agreed ownership

5. Appendix 1 - Dispute Resolution Procedure: Detailed steps for dispute resolution process

6. Appendix 2 - Asset Division Formula: Agreed methodology for dividing assets in case of separation

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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