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Marital Divorce Agreement Template for Nigeria

A comprehensive legal document governed by Nigerian law, particularly the Matrimonial Causes Act, that formalizes the dissolution of marriage and establishes binding terms for separation between spouses. This agreement covers crucial aspects including property division, financial settlements, and where applicable, child custody and maintenance arrangements. It must comply with Nigerian federal legislation while considering relevant state laws and customary practices, ensuring enforceability within the Nigerian legal system. The document serves as a foundational reference for post-divorce obligations and rights of both parties.

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What is a Marital Divorce Agreement?

The Marital Divorce Agreement is a critical legal document used in Nigeria when spouses mutually agree to formalize their separation and divorce terms. It must align with the Matrimonial Causes Act and other relevant Nigerian legislation, including state-specific laws where applicable. This document is typically prepared after a petition for divorce has been filed but before the final divorce decree, serving as a comprehensive settlement agreement. It details all aspects of the divorce settlement including property division, financial arrangements, spousal maintenance, and where relevant, child custody and support provisions. The agreement can be used in both contested and uncontested divorces, though it's most common in situations where parties have reached mutual understanding on key terms. It forms a crucial part of the divorce proceedings in Nigerian courts and can significantly expedite the divorce process when properly prepared and executed.

What sections should be included in a Marital Divorce Agreement?

1. Parties: Identification of both spouses including full legal names, addresses, and occupation

2. Background: Details of the marriage including date, place, and type (statutory/customary), and brief context of separation

3. Definitions: Key terms used throughout the agreement defined for clarity and legal certainty

4. Divorce and Legal Status: Statement of mutual agreement to divorce and intended legal status post-divorce

5. Division of Matrimonial Property: Comprehensive arrangement for division of all marital assets and properties

6. Financial Settlement: Details of any lump sum payments or financial arrangements between parties

7. Child Custody and Access: Primary residence, custody arrangements, and visitation rights for children

8. Child Maintenance: Financial arrangements for children's support, education, and welfare

9. Spousal Maintenance: Terms of any ongoing financial support between spouses

10. Mutual Release: Parties' agreement to release each other from future claims

11. Governing Law: Specification that Nigerian law governs the agreement

12. Dispute Resolution: Process for resolving any future disputes regarding the agreement

13. Execution: Signing requirements and declaration of voluntary agreement

What sections are optional to include in a Marital Divorce Agreement?

1. Business Interests: Division of jointly owned businesses or business interests, used when parties have shared business ventures

2. International Assets: Specific arrangements for assets located outside Nigeria, included when parties have foreign properties or investments

3. Religious Considerations: Specific provisions related to religious divorce requirements, included for religious marriages

4. Medical Insurance: Arrangements for continued medical coverage, included when relevant to the settlement

5. Educational Arrangements: Detailed provisions for children's education, included when specific educational plans need to be documented

6. Inheritance Rights: Waiver or preservation of inheritance rights, included when parties have substantial inherited assets

7. Post-Divorce Relocation: Terms regarding geographical restrictions or notice requirements for relocating with children

8. Privacy and Confidentiality: Terms regarding public disclosure of divorce terms, included for high-profile cases or when privacy is a concern

What schedules should be included in a Marital Divorce Agreement?

1. Schedule A - Asset Registry: Detailed inventory of all matrimonial assets including properties, vehicles, and valuable items

2. Schedule B - Liability List: Comprehensive list of joint and individual debts and liabilities

3. Schedule C - Child Custody Schedule: Detailed calendar of custody arrangements, including holidays and special occasions

4. Schedule D - Child Maintenance Breakdown: Itemized list of children's expenses and payment arrangements

5. Schedule E - Property Valuation Reports: Professional valuations of significant assets

6. Appendix 1 - Supporting Documents: Copies of relevant certificates, title documents, and other supporting materials

7. Appendix 2 - Financial Disclosure: Sworn statements of financial position from both parties

8. Appendix 3 - Parenting Plan: Detailed plan for co-parenting arrangements and responsibilities

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Nigeria

Cost

Free to use

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