Planning for Divorce before the Marriage: The Concept of Pre-Nuptial Agreement and its Enforceability in Nigeria

Abstract

Pre-nuptial agreement is adjudged one of the ways of resolving the increasing marital disputes
and issues that may arise when a marriage contract breaks down. The concept of a pre-nuptial
agreement is largely unknown under the family law system of many African countries, including
Nigeria. This has been connected to the social, religious, and cultural beliefs or notions of African
societies on marriage and its related issues. In Nigeria, the rise or rampancy of divorce cases has
been linked to the absence of a prior legal arrangement between parties on how marriage affairs
would be regulated. Given this, this study examines the recognition and enforceability of
prenuptial agreements under Nigerian family law. The paper adopts a qualitative research
methodology using a doctrinal method of legal research. This paper found that there is no definite
legal framework in Nigeria for a pre-nuptial agreement. Though there is a shadow of the concept
in the Matrimonial Cause Act, there is lack of clarity on its recognition and enforceability in
Nigeria. The paper therefore, concludes that there is a need for a definite legal framework for
prenuptial agreements in Nigeria to reduce the incidents of post-marital crisis in the area of
property settlements, amongst others.