I wonder if they do include their potential sex life in the prenuptial agreement too..how many times in day,week,month..year. I am gud guy o

Can anyone pls tell me the importance of having a court marriage? A friend is having some kind of issues with her fiance. The fiance's family says they can't allow their son have a court marriage and the bride's family wants a court marriage.
Does court marriage give a bride a kind of security?


Pls pardon my ignorance

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

Op, are you Linda Ikeji? Cos she asked this today and you have it here like you're the one asking the question.

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.

http://lindaikeji..co.uk/2013/11/question-of-day-do-pre-nups-work-in.html

crackhaus:
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.

still don't need it when you can gather all her belongings and put in a ghana must go and throw her out.....like it's done in yoruba movies

kofsy: Can anyone pls tell me the importance of having a court marriage? A friend is having some kind of issues with her fiance. The fiance's family says they can't allow their son have a court marriage and the bride's family wants a court marriage.
Does court marriage give a bride a kind of security?


Pls pardon my ignorance

I'll try to answer you as best I can, I'm not in the law profession though but I've been involved (third-party) in one or two of these (regarding the topic too).

The answer to your question in bold is 'kinda' yes.
Kinda because, it also protects the husband-to-be depending on what perspective you choose to look at it from.

Here's an example, and you can find out just to be certain I'm right... » Most new generation banks (Keystone Bank to be exact) require a court document/agreement in the form of a court marriage between a middle-level staff of theirs and a potential partner. This signed document is what they recognize as proof of marriage, not the marriage certificate usually signed at church.

I'm not sure why they do this, but from the explanation given to me by a lady-friend who did the court thing, her bank did it to protect her interests (this could be assets, pensions, bonuses, gratuities and the likes) should the marriage be dissolved and/or in the case of her sudden death.

It's a sensitive issue, not one they discuss with just anyone so I don't know all the details, but I assume that a pre-nup is a 'clause' in that document required by some banks from middle-level employees.

If she's richer than me, then there shall be no pre-nuptial contract, if I happen to be richer, then there shall be one.

@OP, Yes, it works in Nigeria.

Although, prenuptial agreements are not prevalent in this part of the world, they may still be enforceable in court. Parties are bound by their agreements in as much as such agreements are not vitiated by other factors. For instance, they are written laws in Nigeria that govern succession,custody of children, divorce, dissolution of marriages, and so on. Any agrement no matter how well drafted which seeks to oust the provisions of these laws will fail in court. Outside these, the courts are normally inclined to uphold the the content of any agreement that is devoid of duress, misreprentation, undue influence, fraud and so on...I hope I've been of help?

@ crackhaus, ignorance is truly bliss. At kofsy, the only legal marriage is the one done in Court, all other marriages are customary. There are lots of benefits attached to the Court marriage, including half of the husband assets.

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.

I will like to know the basis on which you have made this assertion. The laws governing matrimonial causes are significantly different from general contract law.

Under the matrimonial causes law, parties in a divorce suit must participate in a pre-trial conference during which issues such as child care and maintenance costs if any will be agreed upon. This is usually distilled into a 'settlement agreement' which could be adopted as part of judgment given.

The settlement agreement contains similar provisions as the pre-nup,the difference is that while the former only arises when divorce proceedings have been instituted while the latter envisages divorce,which is repugnant to public policy

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. Bottomline such contracts are alien to the Nigerian legal system.

Gbam!!

There is no law in Nigeria that mandates any partner parting with their assets

crackhaus:
And if I may ask, what is the court's discretion and jurisdiction in divorce proceedings and/or settlements?

The judge has the discretion to or not to grant divorce. Parties cannot divorce by agreement. Its called connivance and can be a basis for dismissing a divorce petition.

A divorce petitioner must prove to the judge that there are cogent reasons for the divorce and the judge must be satisfied, before divorce is granted.

Another area of discretion is the arrangemt made for the welfare of the children of the marriage. If the arrangements proposed by the parties are not in the interest of the children, the judge can make contrary orders. The interest n welfare of the children is paramount in any divorce proceeding.

Marriage is FOR BETTER FOR WORST, UNTIL DEATH. Any other law is ALIEN. Must we copy the western world who have no regard for the sanctity of marriage? How has such laws protected their marriages? As for me,any lady who brings that as a condition for marriage will see my back because from inception, she's thinking of divorce which is not in my dictionary. Let's face the fact. Whatever asset you think you want to secure with that law is vanity.

Phder:
@OP, Yes, it works in Nigeria.

Could you please give an example of a court case where a pre nup was upheld.

kofsy: Can anyone pls tell me the importance of having a court marriage? A friend is having some kind of issues with her fiance. The fiance's family says they can't allow their son have a court marriage and the bride's family wants a court marriage.
Does court marriage give a bride a kind of security?


Pls pardon my ignorance

A court marriage is a must in Nigeria. She is not the legal wife if no court marriage

Why do you need a pre-nupt when we dont have alimony laws in Nigeria



All you have to do is buy properties in your individual names.. Thats all!

BUT NOTE:: No self-respecting Nigerian man or woman will enter into a marriage that has a pre-nuptial contract hanging over their head.

soul_glo:


A court marriage is a must in Nigeria. She is not the legal wife if no court marriage

Who says? That's not true. You can marry in accordance with your customary laws, and to the extent that cutoms & practices Can form part of Nigerian law, her customary marriage can be recognised by the courts, once she can prove it.

Lifted from LIB..

Well it definitely will work since it's a signed agreement between two parties. As far as the two parties willingly signed the agreement, it's admissible in court.

soul_glo:


A court marriage is a must in Nigeria. She is not the legal wife if no court marriage

Lol...

Absolute lie..

The Nigerian courts recognize 3 types of marriages;

1. Customary Marriage (traditional)... Proof = Witnesses and pictures.
2. Registry marriage (court).. Proof = Certificate
3. Common Law marriage.. Proof = Witnesses, kids and verbal.

Yes!! Common law marriage is recognized in Nigeria and the interpreation of what constitutes a common law marriage is subject to the judges discretion.

This is for those thinking court/civil marriages are done to protect a spouse financially in the case of death and/or divorce.
Mind you, those financial arrangements can be made, but it is not the original purpose of civil unions. What the court gives is just a certificate recognized by Nigerian law.

The civil marriage is very important as it is recognized by the laws of Nigeria and can on its own serve as proof of a marriage contract between 2 people. The Civil marriage is protected under the Marriage Act, Chapter 218 of Laws of the Federation of Nigeria 1990 (An Act to make provisions for the celebration of marriages).There are Two (2) types of Marriage Registries in Nigeria;

A.    Federal  Marriage Registries
a.)    LAGOS – Ikoyi Registry  (covers all those resident in Lagos, South-South, South East and South West)
b.)    ABUJA – Wuse 2 (covers all those resident in the Northern region) 

B.    All States have various Registries at the State and Local Government level. There are some important things you need to know when you decide to have a Civil wedding, these are summarized below in our little guide.

1.    FILING OF MARRIAGE NOTICE

a.)    Once the decision has been made to have a civil wedding, the intending bride or groom pick up a FORM from the Registry of their Choice to indicate their intention to marry. The form is a NOTICE FORM or otherwise called a FORM A. You are required to fill in ALL your personal details including Name, Age, Address, Occupation, Status (Single, Married, Divorced or Widow), Consent (minor under 21 years), Signature etc. b)    You would also need to have TWO (2) coloured passport photographs. c)    The form is posted on the NOTICEBOARD at the Registry for Twenty-one (21) days. The notice is also entered in a book called the Marriage Notice Book, which may be inspected during office hours without fee. After the expiration of the notice and payment of the Prescribed Fee (this differs at each Registry, but it is usually not more than Two Thousand Naira- N2, 000), the Registrar would issue a FORM C after the following criteria has been met and satisfied:

I.)    that one of the parties has been resident within the district in which the marriage is intended to be celebrated

ii.)    that each of the parties to the intended marriage (not being a widower or widow) is twenty-one years old, and if under that age, the consent hereinafter made requisite has been obtained in writing and is annexed to such affidavit……!big grammar, simply means you have to get written permission/consent from the  lady’s parent or legal guardian

iii.)    that there is not any impediment of kindred or affinity, or any other lawful hindrance to the marriage

iv.)    that neither of the parties to the intended marriage is married by customary law to any person other than the person with whom such marriage is proposed to be contracted. After this a date is selected for the marriage ceremony

2.    OATH TAKING
Once the above-mentioned things have been confirmed, the couple would swear an affidavit before the registrar or recognized minister of religion. During the sworn affidavit, the registrar would reiterate the above Prohibitive degrees and also explain the penalties involved. Any failure to disclose a breach in any of the above makes the defaulter liable to TWO (2) years imprisonment…! Did I hear you snigger; you get prison time for lying!!The Registrar signs a declaration/affidavit to show that the couple understands the implications under the law and have met and satisfied all that has been required of them. The Minister upon proof that there is no lawful impediment to the proposed marriage, and that the necessary consent, if any, to such marriage has been obtained, will dispense with the giving of notice, issue the certificate, and grant his license, known as Form D, authorizing the celebration of a marriage between the parties named in such license. A date for the wedding is selected by the couple. This would have to be within Three (3) months from the date the notice has been placed with the Registry. ….! Hurdle No 2 crossed! No hidden skeletons. Phew!

3.    CELEBRATION OF MARRIAGE

The Big Day!The couple with their families and friends would come in on the day they have chosen to finalize the marriage proceedings. There are a lot of other couples that would be around for their own celebration and as such each couple is given a Specific TIME that must be adhered to; the ceremony is usually less than thirty (30) minutes….! No unnecessary ceremonies, donations etc as against the other types of marriage celebration!! You are done with the whole affair within 2hours MAX!!!During the proceedings, the Registrar would print the marriage certificates in duplicate and with counterfoils as in the FORM E. The officiating minister will fill up in duplicate a marriage certificate with the particulars required by Form E, and enter in the counterfoil the number of the certificate, the date of the marriage, names of the parties, and the names of the witnesses. The certificate will be signed in duplicate by the officiating minister, by the parties, and by two or more witnesses to the marriage. The minister having also signed his name to the counterfoil will deliver one certificate to the parties, and within seven days thereafter file the same in his office.Every Registrar will register the marriage in a book called the MARRIAGE REGISTER BOOK, every certificate of marriage filed in his office according to the FORM F …..! By the power vested in me, by the Federal Laws, I now pronounce you Husband and Wife! You may kiss the bride :-)ALL MARRIAGES CELEBRATED UNDER THIS ACT SHALL BE GOOD AND VALID IN LAW FOR ALL INTENTS AND PURPOSES.

pearlworth:

Who says? That's not true. You can marry in accordance with your customary laws, and to the extent that cutoms & practices Can form part of Nigerian law, her customary marriage can be recognised by the courts, once she can prove it.

Okay let me rephrase that. If he marries her in court he cannot marry anybody else without committing a criminal offense. It does not matter if it is traditional or court. He can never legally or traditionally have a wife without going to jail. As long as he marries her in court she is the only legal wife.

pearlworth:

Could you please give an example of a court case where a pre nup was upheld.

It would be wrong to discuss about somebody in their absence. But I know of a certain couple (they're like my uncle's family friend), when the "wify" was done with the hubby, he could hardly feed himself talk-less of changing shirts. His salary is subjected to huge deduction directly from the source; according to court order.

kofsy: Can anyone pls tell me the importance of having a court marriage? A friend is having some kind of issues with her fiance. The fiance's family says they can't allow their son have a court marriage and the bride's family wants a court marriage.
Does court marriage give a bride a kind of security?


Pls pardon my ignorance

your Friend's. Fiance's family really have nothing to fear. The Mariage Act recognises all three forms of Marriages in Nigeria. Which are...Marriage under Native law(traditional marriage), Church marriage, and Marriage under the Act('Court Marriage') and none takes precedent over the other. I.e we tend to duplicate the celebration most times. Why most peole are under the illussion that 'Court marriages' supercede others, bothers on issues of Divorce as the proceedure under the Act is very cumbersome and as such may dissuade a party from seeking frivolous divorce. Outside this and other ancillary issues, I see no clear cut advantage that this form of marriage enjoys over others. I could explain more, but I'm just trying to be concise and not bore u with unnecessary details. I hpe I've been of help!

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.

You are really shortsighted. ( Nw, yu wud ask why since yu dnt need glasses). People like u irritate me.

soul_glo:

Okay let me rephrase that. If he marries her in court he cannot marry anybody else without committing a criminal offense. It does not matter if it is traditional or court. He can never legally or traditionally have a wife without going to jail. As long as he marries her in court she is the only legal wife.

This is more accurate. A woman w ho is married under the Marriage Act is protected from bigamy. Fun fact, no one has ever been convicted of this crime in Nigeria

Phder:
It would be wrong to discuss about somebody in their absence. But I know of a certain couple (they're like my uncle's family friend), when the "wify" was done with the hubby, he could hardly feed himself talk-less of changing shirts. His salary is subjected to huge deduction directly from the source; according to court order.

Was the judge's order for spouse maintenance based on a pre-nup or a settlement agreement? Was this case decided in Nigeria. The law that applies in other countries may not necessarily apply in Nigeria.

pearlworth:

This is more accurate. A woman w ho is married under the Marriage Act is protected from bigamy. Fun fact, no one has ever been convicted of this crime in Nigeria

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kofsy: Can anyone pls tell me the importance of having a court marriage? A friend is having some kind of issues with her fiance. The fiance's family says they can't allow their son have a court marriage and the bride's family wants a court marriage.
Does court marriage give a bride a kind of security?


Pls pardon my ignorance

Church marriage and Court marriage are acceptable under Law but the latter is more powerful during divorce. When you do a Court marriage, any future divorce MUST be settled in court. While Church marriage can also be settled in court but not necessary or mandatory.

In developed countries, court is always automatically involved in all marriages, that's why they usually go to court to divorce.

Back to your question. That family wants a strong legal protection for their daughter in case of divorce. That's, if the couple Court-marry and later decides to divorce, court MUST dictate how the divorce settlement goes.
The court;
1. will determine if the reason for the divorce is genuine.
2. can stop or effect the divorce.
3. will decide who gets what, if the divorce must occur. It could be in the form of cash or property or both.
4. will decide who gets the custody of the children (if they exist).
5. will decide when the divorce takes place.
6. will make sure no partner is kicked out of the matrimonial home without a legal divorce.
7. will make sure no partner marries another person without first divorcing his or her partner.
And many other stuffs.

Church marriage is NOT obliged to go through the same court divorce process as in Court marriage.
But what Nigerians don't know, especially women, is that as long as a court of law recognizes Church marriage, court still has the authority to be involved in any divorce case IF the couple or partner lodge the case in court. And the couple can also settle the divorce out of court if they wish. But a Court married couple CAN'T end their divorce out of court.

If your partner is richer than you, Court marriage will benefit you more during divorce.
If you're richer than your partner and don't want court to award half of your wealth to your partner during divorce, then DON'T go into Court marriage. I personally see Court marriage as opposite of Prenuptial Agreement. Prenuptial Agreement is entirely a different ball game for mostly rich people.

Guess, prima facie, it is enforceable as an agreement between parties. But i've been on the lower bench for over 4 years now and superintended over tens of matrimonial proceedings and i'm yet to come across a pre-nup in the filed annexures to a petition. Even during my years at the high court as a Legal Assistant to a Judge, I never came across it too. Would luv to, really.

Noble.G:


Church marriage and Court marriage are acceptable under Law but the latter is more powerful during divorce. When you do a Court marriage, any future divorce MUST be settled in court. While Church marriage can also be settled be settled in court but not necessary.

In developed countries, court is always automatically involved in all marriages, that's why they usually go to court to divorce.

Back to your question. The family wants strong legal protection for their daughter in case of divorce. That's, if they do the Court marriage and later wish to divorce, court MUST decide how the divorce settlement goes.
The court;
1. will determine if the reason for the divorce is genuine.
2. can stop or effect the divorce.
3. will decide who gets what, if the divorce must occur. It could be in the form of cash or property or both.
4. will decide who gets the custody of the children (if they exist).
5. will decide when the divorce takes place.
6. will make sure no partner is kicked out of the matrimonial without divorce.
7. will make sure no partner marries another person without first divorcing his or her partner.
And many other stuffs.

Church marriage is NOT obliged to go through the same court divorce process as in Court marriage.
But what Nigerians don't know, especially women, is that as long as a court of law recognizes Church marriage, court still has the authority to be involved in any divorce case IF the couple or partner lodge the case in court. And the couple can also settle the divorce out of court if they wish. But a Court married couple CAN'T end their divorce out of court.

If your partner is richer than you, Court marriage will benefit you more during divorce.
If you're richer than your partner and don't want court to award half of your wealth to your partner during divorce, then DON'T go into Court marriage.

Noble, thanks for the succinct analysis. May I request that you help on this:
I have a female friend who is seperated for almost two years but not legally divorced yet. She wants to initiate divorce proceedings. However, she happens to be pregnant already for a new lover who wants to marry her (even before the divorce). What can you advice she does?

Thanks