Step-by-step guide to making a prenuptial agreement in Nigeria (YFL 003)

Step 1: Determine the Need for a Prenuptial Agreement

1. Discuss with your partner the reasons for having a prenuptial agreement.

2. Consider your individual financial situations, assets, and goals.

Step 2: Choose a Legal Framework

1. Consult with a Family Law Solicitor.

2. Decide with your guidance of your solicitors whether to use the Matrimonial Causes Act (1990) or Customary/ Islamic Law.

Step 3: Disclose Financial and other relevant Information

1. Gather financial documents, including:

    – Bank statements

    – Investment accounts

    – Property deeds

    – Business interests

2. Share this information with your partner, if advised by the solicitors.

Step 4: Determine the Terms of the Agreement

1. Discuss and agree on the terms, including:

    – Property division

    – Spousal support

    – Debt responsibility

    – Inheritance rights

2. Your solicitors or some other mediator may be useful to iron out key or kinoty aspects of the agreements (if any).

Step 5: Draft the Prenuptial Agreement

1. Hire a solicitor to draft the agreement based on your discussions.

2. Ensure the agreement is clear, concise, and meets Nigerian legal requirements.

Step 6: Review and Revise the Agreement

1. Review the draft agreement with your partner and solicitors.

2. Revise the agreement as necessary to ensure it accurately reflects your intentions.

Step 7: Sign the Prenuptial Agreement

1. Sign the agreement in the presence of at least two witnesses.

2. Ensure the witnesses also sign the agreement.

Step 8: Register the Prenuptial Agreement (Optional)

1. Consider registering or filing the agreement with the relevant authorities (e.g., court, registry).

2. Registration can provide additional legal protection.

Step 9: Review and Update the Agreement

1. Ensure that the agreement has a chance requiring review of the agreement periodically (e.g., every 5 years).

2. this will enable you to mutually update the agreement as necessary to reflect changes in your financial situation or goals.

Additional Tips

1. Before you sign a prenuptial agreement, seek professional advice from a solicitor  and/or financial adviser.

2. Ensure open and honest communication with your partner throughout the process. Please note that this is a general guide and not a substitute for professional legal advice.

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