Welcome, Guest: Register On Nairaland / LOGIN! / Trending / Recent / New
Stats: 3,153,795 members, 7,820,792 topics. Date: Tuesday, 07 May 2024 at 09:43 PM

Do Prenuptial Agreements Work In Nigeria? - Family - Nairaland

Nairaland Forum / Nairaland / General / Family / Do Prenuptial Agreements Work In Nigeria? (14280 Views)

Guys, 'prenuptial Agreement' To Avoid Alimony, Palimony And D Monies? / Prenuptial Agreements Vs Gold Diggers: How Effective? / Prenuptial Agreements (2) (3) (4)

(1) (2) (3) (Reply) (Go Down)

Do Prenuptial Agreements Work In Nigeria? by amtalkin(f): 11:55am On Nov 20, 2013
do pre-nups work in Nigeria?

This is probably a question for lawyers but I'd also like to know what you guys think. Do prenuptial agreement..(a written contract between two people who are about to marry, setting out the terms of possession of assets, treatment of future earnings, control of the property of each, & potential division if the marriage is later dissolved)..work in Nigeria? I heard some people discussing it and I wondered

1 Like

Re: Do Prenuptial Agreements Work In Nigeria? by Mynd44: 12:18pm On Nov 20, 2013
A legal document drafted up and signed by two willing parties. It will work but we don't really need it here

2 Likes

Re: Do Prenuptial Agreements Work In Nigeria? by texanomaly(f): 12:34pm On Nov 20, 2013
Mynd_44: A legal document drafted up and signed by two willing parties.
It will work but we don't really need it here
@the bolded. Why not?
Re: Do Prenuptial Agreements Work In Nigeria? by Mynd44: 1:04pm On Nov 20, 2013
texanomaly:
@the bolded. Why not?
Because most times, the woman don't pursue their rights in court just like the property of the dead husband even when the law is there to protect them

1 Like

Re: Do Prenuptial Agreements Work In Nigeria? by pearlworth: 1:05pm On Nov 20, 2013
Well, the courts will ordinarily uphold valid and enforceable contracts. However, where the contract is repugnant to public policy or interest, the court may refuse to uphold it.

A pre-nup is designed to cater for divorce. The Nigerian society frowns on divorce and the laws discourage it (eg, you must prove to the judge that there is a basis for divorce and the judge must be convinced before the divorce is granted - this is a very excruciating process). Therefore, a Nigerian judge may be reluctant to enforce a pre-nup.

4 Likes

Re: Do Prenuptial Agreements Work In Nigeria? by Mynd44: 1:07pm On Nov 20, 2013
pearlworth: Well, the courts will ordinarily uphold valid and enforceable contracts. However, where the contract is repugnant to public policy or interest, the court may refuse to uphold it.

A pre-nup is designed to cater for divorce. The Nigerian society frowns on divorce and the laws discourage it (eg, you must prove to the judge that there is a basis for divorce and the judge must be convinced before the divorce is granted - this is a very excruciating process). Therefore, a Nigerian judge may be reluctant to enforce a pre-nup.
If the papers were drafted by a lawyer and both parties are signatory to it without being under duress, it is enforceable irrespective of what the judge says.

5 Likes

Re: Do Prenuptial Agreements Work In Nigeria? by omanifrank(m): 3:39pm On Nov 20, 2013
next
Re: Do Prenuptial Agreements Work In Nigeria? by Sknda(m): 3:39pm On Nov 20, 2013
A daily devotional for you www.gospelshower..com
Re: Do Prenuptial Agreements Work In Nigeria? by Nobody: 3:42pm On Nov 20, 2013
Na jazz d family go use on her if d husband dies.
Re: Do Prenuptial Agreements Work In Nigeria? by packman: 3:45pm On Nov 20, 2013
11
Re: Do Prenuptial Agreements Work In Nigeria? by InvertedHammer: 3:45pm On Nov 20, 2013
Mynd_44:
If the papers were drafted by a lawyer and both parties are signatory to it without being under duress, it is enforceable irrespective of what the judge says.


In marital quagmire in Nigeria:

There is judgment by the court...

There is judgment by in-laws...

There is judgment by Babalawo...

There is judgment by God...

Then, there is judgment by the "street".

So, prenuptial agreement works but depends on what jurisdiction gets to the case first

11 Likes 1 Share

Re: Do Prenuptial Agreements Work In Nigeria? by i1: 3:46pm On Nov 20, 2013
To add to pearlworth's comment:
When a contract by its existence tries to fetter the discretion of the court especially when it relates to issues that are equitable and discretionary, such Contracts are Null ab initio and have no effect whatsoever! If by agreement the parties seek to ousts the courts discretion and jurisdiction, then its void. Bottomline such contracts are alien to the Nigerian legal system.

1 Like

Re: Do Prenuptial Agreements Work In Nigeria? by Lilimax(f): 3:47pm On Nov 20, 2013
am talkin: do pre-nups work in Nigeria?

This is probably a question for lawyers but I'd also like to know what you guys think. Do prenuptial agreement..(a written contract between two people who are about to marry, setting out the terms of possession of assets, treatment of future earnings, control of the property of each, & potential division if the marriage is later dissolved)..work in Nigeria? I heard some people discussing it and I wondered
To me it does not work undecided

It is one of these imported traditions in Nigeria which
does not hold water smiley
Re: Do Prenuptial Agreements Work In Nigeria? by Nobody: 3:48pm On Nov 20, 2013
I dont know, sorry.
Re: Do Prenuptial Agreements Work In Nigeria? by Fazhy: 3:48pm On Nov 20, 2013
The OP should have asked if Alimony works in Nigeria.

Re: Do Prenuptial Agreements Work In Nigeria? by devour129: 3:51pm On Nov 20, 2013
Fazhy: The OP should have asked if Alimony works in Nigeria.
you are right,first thing first
Re: Do Prenuptial Agreements Work In Nigeria? by crackhaus: 3:56pm On Nov 20, 2013
Pre-nups work as long as there is a binding legal document on it.

Unfortunately, most divorce proceedings in Nigeria are settled in the sitting room of the family house, only few make it to civil court.

Unfortunately again, how many Nigerians would think of signing a pre-nup when marriage is seen as a right of passage into womanhood/manhood, 'supposedly' to last forever? /
Re: Do Prenuptial Agreements Work In Nigeria? by fckyourman: 3:58pm On Nov 20, 2013
Why should a female get all my properties when i married, Did she build them for me ?. Or did she help to hustle to get my money.

Please we don't want feminism here, we don't practice it.

3 Likes

Re: Do Prenuptial Agreements Work In Nigeria? by jaybee3(m): 4:01pm On Nov 20, 2013
Technically it should, enforcing any ruling is the real challenge

How do you circumvent the mother load of corruption in naij's judicial system.
everyone has a price as long as naij's judicial system is concerned
Re: Do Prenuptial Agreements Work In Nigeria? by WHIZBRO(m): 4:05pm On Nov 20, 2013
Prenuptial ko, Na oyibo land u think say u dey? You just send the woman out, dats all! angry



If the inlaws come, repeat step one

1 Like

Re: Do Prenuptial Agreements Work In Nigeria? by crackhaus: 4:05pm On Nov 20, 2013
i.:
To add to pearlworth's comment:
When a contract by its existence tries to fetter the discretion of the court especially when it relates to issues that are equitable and discretionary, such Contracts are Null ab initio and have no effect whatsoever! If by agreement the parties seek to ousts the courts discretion and jurisdiction, then its void. [s]Bottomline such contracts are alien to the Nigerian legal system.[/s]
And if I may ask, what is the court's discretion and jurisdiction in divorce proceedings and/or settlements?
Re: Do Prenuptial Agreements Work In Nigeria? by tjdj: 4:06pm On Nov 20, 2013
A nigerian man does not need pre-nup, you get tired of the woman u throw her things on the street, and dem no born any judge well make she talk say she wan tell him to divide him property with one woman that entered his house with one portmanteur some decades ago....gobe gpo happen, all the tubers of yam and dowry money collected is enough gain for her....shikena

3 Likes

Re: Do Prenuptial Agreements Work In Nigeria? by mariblizzy(f): 4:07pm On Nov 20, 2013
Even though we(Nigerians) are pure copycats, we must №† copy every rubbish we watch σπ TV or read about indecent and unfortunate stars. Let's rep mama Africa for once at list iñ marriage

1 Like

Re: Do Prenuptial Agreements Work In Nigeria? by freda506(f): 4:09pm On Nov 20, 2013
don't think so
Re: Do Prenuptial Agreements Work In Nigeria? by crackhaus: 4:17pm On Nov 20, 2013
fckyourman: Why should a female get all my properties when i married, Did she build them for me ?. Or did she help to hustle to get my money.

Please we don't want feminism here, we don't practice it.
Signing a pre-nup is not feminism bruv. Actually, we are the ones with the advantage because the 'intending' husband gets to decide what percentage of his wealth should be given to his 'intended' wife in the case of a divorce.

If your wife-to-be refuses your clause (which she'll be smart enough not to), you can then accuse her of being a gold-digger... Hope you get my drift?

Not all pre-nups are half and half or divided down the middle.

1 Like

Re: Do Prenuptial Agreements Work In Nigeria? by i1: 4:17pm On Nov 20, 2013
@ crakhaus, I handle lots of divorce cases here and no 2 cases are the same. Issues like the custody of the kids, welfare and maintenance. Although we have guiding principles to follow, the welfare of the kids is paramount to the court. If a man and a woman decide in the pre-nup that custody goes to the wife, but the woman ends up with another man who doesn't want kids what happens? Also property sharing is dicey here becuase of religious and cultural beleifs(islam and. Benin) so where does the pre-nup come in? Ojukwu's son is fighting Bianca becuase she was giving the stool house which under Native law goes to the first Son. Pre-nups cannot cater for all these.
Also for those who say our judiciary is corrupt: wetin concern judge for inside Husband and wife matter?
Finally for those that said Alimony, she is entitled to maintaince under our laws and it can be enforced.

2 Likes

Re: Do Prenuptial Agreements Work In Nigeria? by lillyveezy: 4:21pm On Nov 20, 2013
going by majority of posts so far,most of us Nigerians are uninformed about a lot of issues.Majority of us are poor who strugglled to the point of comfort.U cant send a woman parking nor throw her stuff out today like in decades back.A lot of peep will be willing to prosecute u.Except if the woman didnt come forward.Pre-nuptial cont. It is a long drawn battle in this clime,one u will not be willing to be involved in.
Re: Do Prenuptial Agreements Work In Nigeria? by Nobody: 4:32pm On Nov 20, 2013
Yea some peeps are real ignorant
Who says pre-nup has to do with the man's properties alone?
For instance if the woman is wealthier and is getting married to a man of lower means, she can also draft a pre-nup which protects her assets aquired before the marriage. Just in the same way a man can. A pre-nup is a two way thing. Those shouting feminists(fkyourman) can't stop amusing me.
Don't you know a pre-nup protects the man(in most cases) so his wife can't cart away everything he's labored for if she should decide to leave him for another man.
Re: Do Prenuptial Agreements Work In Nigeria? by crackhaus: 4:35pm On Nov 20, 2013
Fazhy: The OP should have asked if Alimony works in Nigeria.
I think it's called 'maintenance' here and it works, or it's supposed to work rather.
Re: Do Prenuptial Agreements Work In Nigeria? by Dannylux: 4:36pm On Nov 20, 2013
I like the idea. It's ideal when I eventually make it. You can't trust nobody, you know wink
Re: Do Prenuptial Agreements Work In Nigeria? by AreaFada2: 4:43pm On Nov 20, 2013
The first thing to be clear about is whether such is recognised and enforceable under Nigerian law. Family law to be precise.

In reality it would benefit men the most because in Naija, in at least 70% of marriages, the man is wealthier or earns more.

1 Like

(1) (2) (3) (Reply)

Husband Rejecting The Wife's Food. Immaturity Or Punishment For D Wife / How To Process Death Benefits In Nigeria / When The Wife Earns And Contribute More To The Union?

(Go Up)

Sections: politics (1) business autos (1) jobs (1) career education (1) romance computers phones travel sports fashion health
religion celebs tv-movies music-radio literature webmasters programming techmarket

Links: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10)

Nairaland - Copyright © 2005 - 2024 Oluwaseun Osewa. All rights reserved. See How To Advertise. 36
Disclaimer: Every Nairaland member is solely responsible for anything that he/she posts or uploads on Nairaland.