A pre-nuptial agreement, often called a “pre-nup,” is a contract that couples enter into before marriage. It outlines how their finances will be managed during the marriage and, importantly, how assets will be divided if a divorce occurs.

In Nigeria, pre-nuptial agreements are generally recognized as valid. However, there is no specific law that outlines a formal process for creating or enforcing them. Instead, the courts have the authority to decide how assets and property are divided when a marriage ends.

According to Section 72(2) of the Matrimonial Causes Act:

“The court may… make such order as the court considers just and equitable with respect to the application for the benefit of all or any of the parties to, and the children of, the marriage of the whole or part of property dealt with by ante-nuptial or post-nuptial settlements on the parties to the marriage, or either of them.”

This indicates that while a pre-nup is not automatically enforceable, the court will consider it when making a settlement decision. If the agreement is found to be fair and reasonable, it is likely to be upheld.

For those contemplating marriage and considering a pre-nup, Nigerian law does not prohibit such agreements. However, the effectiveness and enforceability of a pre-nup largely depend on its drafting quality. To ensure its validity, it is essential to consult a lawyer who specializes in family law.

If you are thinking about obtaining a pre-nuptial agreement, it is highly recommended to seek advice from a family law attorney in Nigeria.