Pre Marriage Agreement Template for Nigeria

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Key Requirements PROMPT example:

Pre Marriage Agreement

"I need a Pre Marriage Agreement under Nigerian law that protects my family business interests and addresses Sharia law compliance, as I own multiple retail stores in Lagos and Kano, and my fianc��e and I will be having both a civil and Islamic marriage ceremony in March 2025."

Document background
The Pre-Marriage Agreement serves as a crucial legal instrument in Nigerian family law, designed to establish clear financial and property arrangements between prospective spouses before marriage. It is particularly relevant in cases involving significant assets, family businesses, or complex financial arrangements. The document must navigate Nigeria's unique legal landscape, which includes Common Law, Islamic Law (Sharia), and Customary Law considerations. This agreement typically includes detailed provisions for property division, financial obligations, inheritance rights, and business interests, while ensuring compliance with the Marriage Act, Matrimonial Causes Act, and relevant state laws. It's essential for protecting individual assets, family wealth, and business interests, while providing clarity and certainty for both parties entering into marriage.
Suggested Sections

1. Parties: Full legal names and details of both parties entering into the agreement

2. Background: Context of the agreement, including the intended marriage date and purpose of the agreement

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

4. Effective Date and Duration: When the agreement takes effect and its duration

5. Separate Property: Definition and listing of properties that will remain separate for each party

6. Marital Property: Definition and treatment of property acquired during marriage

7. Financial Disclosure: Mandatory disclosure of assets, liabilities, and financial obligations of both parties

8. Rights and Obligations: General rights and obligations of both parties during marriage

9. Division of Property Upon Dissolution: How property will be divided in case of divorce or death

10. Debts and Liabilities: Treatment of existing and future debts and liabilities

11. Governing Law: Specification of Nigerian law as governing law and relevant jurisdictional details

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

13. Severability: Provision ensuring that if any part is invalid, the rest remains enforceable

14. Execution: Signature requirements and witness provisions

Optional Sections

1. Inheritance Rights: Specific provisions regarding inheritance, particularly relevant when there are significant family assets or businesses

2. Children from Previous Marriages: Provisions protecting interests of existing children from previous marriages

3. Business Interests: Special provisions for existing or future business interests and their management

4. Cultural and Religious Considerations: Specific provisions accounting for customary or Islamic law requirements where applicable

5. International Assets: Special provisions for assets held outside Nigeria

6. Spousal Support: Optional provisions regarding alimony or maintenance

7. Intellectual Property Rights: Provisions regarding existing or future intellectual property

8. Alternative Dispute Resolution: Procedures for resolving disputes through mediation or arbitration

9. Life Insurance Requirements: Provisions requiring life insurance policies and beneficiary designations

Suggested Schedules

1. Schedule A - Personal Property Inventory: Detailed list of each party's personal property at time of agreement

2. Schedule B - Real Estate Holdings: Details of all real estate owned by either party

3. Schedule C - Financial Assets: List of bank accounts, investments, and other financial assets

4. Schedule D - Business Interests: Details of business ownership and valuations

5. Schedule E - Debts and Liabilities: Comprehensive list of existing debts and liabilities

6. Appendix 1 - Financial Disclosure Statements: Detailed financial statements from both parties

7. Appendix 2 - Legal Certificates: Relevant legal documents including proof of ownership of assets

8. Appendix 3 - Independent Legal Advice: Certificates of independent legal advice received by both parties

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

Relevant legal definitions
Clauses
Relevant Industries

Legal Services

Financial Services

Family Business

Private Wealth Management

Real Estate

Professional Services

Banking

Insurance

Business Consulting

Religious Services

Relevant Teams

Legal

Private Client Services

Wealth Management

Family Office

Corporate Advisory

Estate Planning

Document Processing

Risk Management

Compliance

Client Relations

Relevant Roles

Family Law Attorney

Legal Counsel

Wealth Manager

Financial Advisor

Estate Planner

Business Consultant

Property Lawyer

Notary Public

Commissioner for Oaths

Family Business Advisor

Private Client Advisor

Sharia Law Specialist

Customary Law Expert

Marriage Registrar

Corporate Lawyer

Industries
Marriage Act, Cap M6, Laws of the Federation of Nigeria 2004: Primary legislation governing statutory marriages in Nigeria, establishing requirements for valid marriages and providing the framework within which prenuptial agreements operate
Matrimonial Causes Act, Cap M7, Laws of the Federation of Nigeria 2004: Governs matrimonial proceedings and property distribution in statutory marriages, relevant for understanding what provisions can be included in prenuptial agreements
Contract Law/Nigerian Contract Act: Defines requirements for valid contracts including offer, acceptance, consideration, and capacity - essential for ensuring the prenuptial agreement is legally binding
Constitution of the Federal Republic of Nigeria 1999: Provides fundamental rights and freedoms, including property rights and equality before the law, which must be considered in prenuptial agreements
Evidence Act 2011: Governs the admissibility of evidence in Nigerian courts, relevant for proper documentation and authentication of the prenuptial agreement
Married Women's Property Act: Protects married women's rights to own and control separate property, crucial for property provisions in prenuptial agreements
Customary Law: Traditional laws that may affect property rights and marriage obligations, particularly relevant if either party is subject to customary law
Sharia Law (where applicable): Islamic law principles that may apply to Muslim couples, affecting marriage and property rights in northern Nigerian states
Teams

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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