The Consent Agreement Divorce document is used in Nigeria when both spouses mutually agree to terminate their marriage through divorce proceedings. This document is essential under the Nigerian legal framework, particularly the Matrimonial Causes Act, and must be filed with the appropriate High Court. It serves as evidence of both parties' voluntary agreement to divorce and details their settlement terms including property division, financial arrangements, and child custody where applicable. The agreement must comply with Nigerian matrimonial laws and should be drafted with legal counsel to ensure enforceability. This type of agreement is particularly useful in reducing court proceedings' duration and complexity, as it demonstrates to the court that both parties have reached amicable terms on all material aspects of their divorce.
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1. Parties: Identification of both spouses including full legal names, addresses, and occupations
2. Background: Details of the marriage including date and place of marriage, separation date, and confirmation that both parties consent to divorce
3. Definitions: Key terms used throughout the agreement defined for clarity and legal certainty
4. Mutual Consent to Divorce: Express declaration of both parties' voluntary consent to divorce and acknowledgment of irretrievable breakdown
5. Duration of Marriage: Confirmation that statutory requirements for duration of marriage before divorce have been met
6. Financial Settlement: Complete details of financial arrangements between parties including division of assets and liabilities
7. Spousal Maintenance: Terms of any ongoing financial support between spouses or mutual waiver of such support
8. Full and Final Settlement: Confirmation that the agreement represents a complete settlement of all claims between parties
9. Governing Law: Specification that the agreement is governed by Nigerian law
10. Execution: Signing requirements and witness details
1. Child Custody and Access: Required if there are children of the marriage - details custody arrangements, visitation rights, and access schedules
2. Child Maintenance: Required if there are children - specifies financial support arrangements for children
3. Business Interests: Required if parties have joint business interests - details division or management of business assets
4. Pension Rights: Required if either party has pension rights to be divided
5. Religious Divorce: Required for couples who also need religious dissolution of marriage
6. Confidentiality: Optional clause for high-profile couples or where privacy is a concern
7. Future Dispute Resolution: Optional mechanism for resolving future disputes about agreement terms
8. Tax Implications: Required if there are significant tax consequences to address
1. Schedule A - Asset List: Comprehensive list of all matrimonial assets and their agreed values
2. Schedule B - Liability List: List of all joint and individual liabilities and their allocation
3. Schedule C - Child Care Schedule: Detailed visitation and care schedule for children if applicable
4. Schedule D - Property Transfer Details: Specific details of any property transfers including timing and conditions
5. Appendix 1 - Marriage Certificate: Copy of original marriage certificate
6. Appendix 2 - Property Valuations: Professional valuations of significant assets if applicable
7. Appendix 3 - Business Valuations: Professional valuations of business interests if applicable
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