Pre-Nuptial Agreements in Nigeria: What You Need to Know

A pre-nuptial agreement (prenup) is a contract a couple signs before marriage about how their money and property will be handled, including if the marriage ends. More Nigerian couples now ask about them, but many people misunderstand where they stand.

The legal position

Nigeria has no law made specifically for prenups, and there is no reported Nigerian court decision that has ruled on one. That means no one can promise that a court will enforce a prenup exactly as written.

For marriages under the Marriage Act, the Matrimonial Causes Act gives the court power, when it ends a marriage, to make orders about property settled before or after the marriage that it considers just and equitable. So a court can take a prenup into account, but it is not bound by it.

The Matrimonial Causes Act does not apply to customary or Islamic marriages. For those marriages, the position depends on customary law or Islamic law and on general contract principles.

What a prenup can cover

• Property each person owns before the marriage
• Gifts and inheritances received during the marriage
• How household costs and joint accounts will work
• How property bought during the marriage will be shared
• Financial support after the marriage ends

What it cannot decide

• Custody of children and child support. The court always decides these on what is best for the child, under the Matrimonial Causes Act and the Child's Rights Act 2003.
• Anything illegal or against public policy.

Giving your prenup the best chance

1. 1.Independent legal advice for each person before signing.
2. 2.Full financial disclosure by both sides.
3. 3.No pressure. Both people must sign freely.
4. 4.Fair terms that do not leave one person in hardship.
5. 5.Good timing. Sign well before the wedding, not days before it.

Having the conversation

Many couples avoid the topic because it feels unromantic. In practice, talking openly about money before marriage often builds trust. A lawyer can help you both reach terms that feel fair.