Pre Divorce Agreement for Nigeria

Pre Divorce Agreement Template for Nigeria

A comprehensive legal document governed by Nigerian law that establishes the terms and conditions for separation prior to divorce proceedings. This agreement operates within Nigeria's complex legal framework, which encompasses common law, customary law, and Islamic law considerations. The document addresses crucial aspects including property division, financial arrangements, child custody and maintenance, living arrangements, and other relevant matters. It serves as a foundational document for subsequent divorce proceedings while complying with the Matrimonial Causes Act and other relevant Nigerian legislation.

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What is a Pre Divorce Agreement?

The Pre-Divorce Agreement is a crucial legal instrument in Nigerian family law, designed to establish clear terms and conditions before parties proceed with formal divorce proceedings. This document is particularly important in Nigeria's multi-legal system where statutory, customary, and Islamic laws may all be relevant. The agreement typically comes into play when married couples have decided to separate but wish to formalize arrangements before initiating divorce proceedings. It encompasses various aspects including property division, financial settlements, child custody, and maintenance obligations, all while ensuring compliance with Nigerian legislation including the Matrimonial Causes Act, Child Rights Act, and where applicable, customary or Islamic law provisions. The document serves as a foundation for future divorce proceedings and can significantly streamline the eventual divorce process by pre-establishing key terms.

What sections should be included in a Pre Divorce Agreement?

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

2. Background: Brief history of the marriage including date, place, type of marriage (statutory/customary/Islamic), and current living situation

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

4. Purpose and Intent: Statement of the parties' intention to separate and eventually divorce, and the purpose of the agreement

5. Effective Date: When the agreement takes effect and its relationship to future divorce proceedings

6. Living Arrangements: Details of current and future living arrangements, including any restrictions on contact

7. Property Division: Comprehensive arrangement for division of matrimonial property, including real estate and personal property

8. Financial Arrangements: Details of financial settlements, including any lump sum payments or periodic payments

9. Child Custody and Access: Arrangements for custody, care, and control of children, including visitation rights

10. Child Maintenance: Financial arrangements for children's maintenance, education, and welfare

11. Spousal Maintenance: Terms of any ongoing financial support between spouses

12. Confidentiality: Terms regarding privacy and confidentiality of the agreement and related matters

13. Dispute Resolution: Process for resolving any disputes arising from the agreement

14. Amendment Procedure: Process for making changes to the agreement

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

What sections are optional to include in a Pre Divorce Agreement?

1. Business Interests: Division or management of jointly owned businesses or business interests - include when parties have shared business assets

2. International Assets: Specific provisions for assets located outside Nigeria - include when parties have foreign properties or investments

3. Religious Obligations: Specific provisions relating to religious requirements for divorce - include for Islamic or other religious marriages

4. Extended Family Obligations: Provisions regarding obligations to extended family members - include when relevant under customary law

5. Educational Arrangements: Detailed provisions for children's education - include when specific arrangements need to be agreed

6. Medical Care: Provisions for ongoing medical care and insurance - include when there are specific health considerations

7. Inheritance Rights: Provisions regarding future inheritance rights - include when significant inherited assets are involved

8. Pet Custody: Arrangements for pet care and custody - include when parties have shared pets

What schedules should be included in a Pre Divorce Agreement?

1. Schedule A - Asset Register: Comprehensive list of all matrimonial assets with agreed values and allocation

2. Schedule B - Debt Register: List of all joint and individual debts with agreed responsibility for payment

3. Schedule C - Child Care Schedule: Detailed schedule of child care arrangements, including holiday arrangements

4. Schedule D - Payment Schedule: Detailed schedule of all financial payments to be made between parties

5. Schedule E - Property Documents: Copies of relevant property documents and agreed arrangements

6. Appendix 1 - Financial Disclosure: Complete financial disclosure statements from both parties

7. Appendix 2 - Child Support Calculations: Detailed calculations for child support payments

8. Appendix 3 - Business Valuations: Professional valuations of any business interests (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 | Serial Founder & Legal AI Author

Jurisdiction

Nigeria

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Clauses
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Client Relations

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Family Law Attorney

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Divorce Mediator

Family Court Judge

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Property Valuer

Financial Advisor

Family Therapist

Social Worker

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Customary Law Expert

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Paralegal

Court Registrar

Estate Manager

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Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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