The Divorce And Settlement Agreement is a crucial legal document used in Nigeria when spouses have decided to formally end their marriage and establish legally binding terms for their separation. This document becomes necessary once parties have decided to divorce and need to formalize their arrangements regarding property division, financial settlements, and child-related matters. It must comply with the Nigerian Matrimonial Causes Act and consider both federal and state legislation, as well as potential customary or Sharia law implications where applicable. The agreement typically follows either contested or uncontested divorce proceedings in Nigerian courts and can be used across all states in the federation. It serves as a comprehensive record of all agreed terms and can help avoid future disputes by clearly documenting all aspects of the settlement, from asset division to child custody arrangements.
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1. Parties: Identification of both spouses with full legal names, addresses, and occupations
2. Background: Details of the marriage including date, place, and current status of separation
3. Definitions: Definitions of key terms used throughout the agreement
4. Grounds for Divorce: Statement of the legal grounds for divorce under Nigerian law
5. Mutual Release: Agreement by both parties to release each other from all marital obligations
6. Division of Property: Detailed arrangement for division of matrimonial assets and liabilities
7. Financial Settlement: Terms of any financial settlements, including lump sum payments or periodic payments
8. Child Custody and Access: Arrangements for custody, care, and control of children of the marriage
9. Child Maintenance: Details of financial support arrangements for children
10. Spousal Maintenance: Terms of any ongoing financial support between spouses
11. Tax Provisions: Agreement on handling tax matters and liabilities
12. Confidentiality: Terms regarding privacy and confidentiality of the agreement
13. Governing Law: Specification that Nigerian law governs the agreement
14. Dispute Resolution: Process for resolving any future disputes regarding the agreement
15. Execution: Signing requirements and effective date of the agreement
1. Business Interests: Division of jointly owned businesses or business interests - include when parties have shared business assets
2. Pension Rights: Arrangement regarding pension and retirement benefits - include when significant pension assets exist
3. Educational Arrangements: Provisions for children's education and cost sharing - include when there are school-age children
4. Religious Obligations: Specific arrangements regarding religious practices - include for marriages with religious elements
5. International Assets: Provisions for overseas properties and assets - include when parties have international holdings
6. Medical Insurance: Arrangements for ongoing medical coverage - include when health insurance is a significant concern
7. Inheritance Rights: Waiver of inheritance rights - include when significant inherited assets are involved
8. Pet Custody: Arrangements for pet care and ownership - include when there are shared pets
9. Future Capacity: Provisions for incapacity or death - include when requested by parties
1. Schedule A - Real Property: Detailed list and description of all real estate properties and their agreed disposition
2. Schedule B - Personal Property: Comprehensive list of personal property items and their allocation
3. Schedule C - Financial Accounts: List of all bank accounts, investments, and their agreed division
4. Schedule D - Debts and Liabilities: Detail of all debts and responsibilities for payment
5. Schedule E - Child Care Schedule: Detailed visitation and care arrangements for children
6. Schedule F - Insurance Policies: List of insurance policies and their disposition
7. Appendix 1 - Marriage Certificate: Copy of the original marriage certificate
8. Appendix 2 - Property Valuations: Professional valuations of significant assets
9. Appendix 3 - Child Support Calculations: Detailed calculations of child support obligations
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