Pre-Nuptial Agreement

A pre-nuptial agreement is a legally binding contract created by two people before they marry. It can also be described as a contract between two prospective husband and wife which set out the terms of ownership of assets acquired before marriage and determine how earnings during the subsistence of the marriage will be treated and also the settlement of property in event of separation or divorce. The agreement will usually deal with the consensus of the parties on issue like debts, entitlements on retirement, living expenses, parties right to property in event of death, child support and lots more. It is important to note that if a party gives up a lucrative career after marriage to allow the other party to pursue a political career, a pre-nuptial agreement can ensure that he/she will be compensated for the sacrifice if the marriage fails.
A pre-nuptial agreement can also be beneficial where there are children from a previous relationship, and the affected party wants to protect certain assets for them. It can also cover financial agreement for those children should the marriage breakdown. This agreement can protect business investments or inheritance. Because in most jurisdiction, divorce without a pre-nuptial agreement usually defaults to a 50/50 split. So if there are assets or debts from before or even during the marriage that you want clarity on, a pre-nuptial agreement is the way to go.
Pre-nuptial agreement are treated as valid contract, it is influential. Section 72(2) of the matrimonial courses act recognizes the right procedure to execute pre and post nuptial agreement. This agreement is upheld to the extent it is just and equitable. The case of Ajinbuwa V. Akinbuwa (1998) 7 NWLR (Pt 559) 661 established that the court shall have regard to what is fair and equitable based on the evidence adduced by the parties at trial in other words the courts determine marital property based on evidence of contribution by the applicant. The Court of Appeal indirectly pronounced the validity of pre-nuptial agreement when it ruled that a trial court was right to hold that the respondent had a stake in the property belonging to the parties because it was not referred to in the pre-nuptial agreement. See Oghoyome V. Oghoyome (2010(3 NWLR (Pt 1182)546.
There is currently no law in Nigeria which lays out procedure for pre-nuptial agreement. Decision on dissolution of marriage rests on the judges. Section 72(2) of the matrimonial course Acts states this “the court may make such order as the court considers just and equitable with respect to the application for the benefit of all or any of the parties to and the children of the marriage of the whole or part of property dealt with by ante nuptial or post-nuptial settlements on the parties to the marriage or either of them. Though not clearly spelt out there is also nothing in the Nigerian law preventing any one from entering into a pre-nuptial agreement. The strength and validity of the agreement lies on how the agreement is drafted.
A pre-nuptial agreement should not be viewed as a contract made in contemplation of divorce. Sometime it could do with the religious indoctrination to be given to the children, when parties are of different religious backgrounds. But the need for a pre-nuptial agreement cannot be over emphasized, the case of the former arsenal player Emmanuel Eboue cannot be easily forgotten. A man who was worth millions of pounds but was stripped of all his assets after he lost a divorce battle to his wife. Guard yours elf.

Nkechi Bright Ewere