The Marital Settlement Agreement For Simplified Dissolution Of Marriage is utilized in Nigerian divorce proceedings where both parties have reached amicable agreement on all aspects of their separation. This document becomes necessary when couples seek an uncontested divorce and wish to formalize their arrangements regarding property division, financial responsibilities, and family matters in compliance with Nigerian law. It must align with the Matrimonial Causes Act, Marriage Act, and where applicable, the Child's Rights Act 2003. The agreement serves as a foundational document for the court's consideration in granting a divorce decree, streamlining the dissolution process and reducing potential conflicts. It's particularly suitable for couples who have already negotiated terms and seek to document their arrangements in a legally binding format that will be recognized by Nigerian courts.
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1. Parties: Identification of both spouses including full legal names, addresses, and occupation
2. Background: Details of the marriage including date, place, current separation status, and reason for seeking simplified dissolution
3. Definitions: Key terms used throughout the agreement defined for clarity and legal certainty
4. Mutual Release: Statement that both parties release each other from all future claims arising from the marriage
5. Division of Property: Detailed arrangement for division of all marital assets and property
6. Division of Debts: Allocation of responsibility for existing debts and liabilities
7. Spousal Support/Alimony: Terms regarding any spousal support payments or mutual waiver of such rights
8. Tax Provisions: Agreement on handling tax matters and future tax liabilities
9. Future Dispute Resolution: Process for resolving any future disputes regarding the agreement
10. Final Provisions: Including governing law, amendment procedures, and severability clause
1. Child Custody and Support: Required if there are children from the marriage. Details custody arrangements, visitation rights, and child support obligations
2. Religious Divorce Requirements: Needed for couples requiring religious divorce in addition to civil divorce
3. Business Interests: Required if either party owns business interests that need to be addressed
4. Pension and Retirement Benefits: Needed if there are pension or retirement benefits to be divided
5. International Assets: Required if either party has assets in other countries
6. Educational Expenses: Needed if there are ongoing educational expenses for children or either spouse
7. Healthcare Provisions: Required if ongoing healthcare coverage needs to be addressed
1. Schedule A - Property Inventory: Comprehensive list of all marital property with agreed values
2. Schedule B - Debt Schedule: List of all debts and liabilities with specified responsibility
3. Schedule C - Personal Effects Distribution: Detailed list of personal items and their agreed distribution
4. Schedule D - Child Custody Schedule: Detailed visitation and custody calendar if applicable
5. Appendix 1 - Financial Disclosure Forms: Sworn financial statements from both parties
6. Appendix 2 - Property Valuations: Professional valuations of significant assets
7. Appendix 3 - Supporting Documents: Copies of relevant certificates, titles, and other supporting documentation
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