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Divorce Settlement Agreement for Nigeria

Divorce Settlement Agreement Template for Nigeria

A comprehensive legal document governed by Nigerian law, specifically the Matrimonial Causes Act, that formalizes the terms and conditions of a divorce settlement between married parties. This agreement details the division of matrimonial assets, financial arrangements, and where applicable, child custody and maintenance provisions. It serves as a binding contract that outlines the rights and obligations of both parties post-divorce, incorporating relevant aspects of Nigerian statutory and customary law while ensuring compliance with local legal requirements and court procedures.

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What is a Divorce Settlement Agreement?

The Divorce Settlement Agreement is a crucial legal document used in Nigerian divorce proceedings to formalize the arrangements between separating spouses. It is drafted in accordance with the Matrimonial Causes Act and other relevant Nigerian legislation, serving as a comprehensive settlement of all matrimonial matters. This document becomes necessary when married couples decide to formally end their marriage through the Nigerian courts, requiring detailed documentation of asset division, financial arrangements, and where applicable, child custody and maintenance provisions. The agreement must comply with both federal and state laws, considering Nigeria's unique legal system that recognizes both statutory and customary marriages. It typically requires court approval to become fully effective and enforceable, forming part of the final divorce decree.

What sections should be included in a Divorce Settlement Agreement?

1. Parties: Names, addresses, and details of both spouses entering into the agreement

2. Background: Details of the marriage, including date and place of marriage, current separation status, and reason for divorce

3. Definitions: Key terms used throughout the agreement

4. Effective Date and Jurisdiction: When the agreement takes effect and confirmation of the Nigerian court's jurisdiction

5. Dissolution of Marriage: Agreement to divorce and basis for dissolution

6. Division of Matrimonial Property: Detailed arrangement for division of all shared property and assets

7. Financial Settlement: Terms of financial settlement including lump sum payments and periodic payments

8. Debts and Liabilities: Allocation of responsibility for existing debts and financial obligations

9. Legal and Professional Costs: Agreement on how legal and professional fees will be handled

10. Full and Final Settlement: Clause confirming this as a complete settlement of all claims

11. Governing Law: Confirmation that the agreement is governed by Nigerian law

12. Severability: Provision ensuring rest of agreement remains valid if part is found unenforceable

13. Execution: Signing requirements and witness provisions

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

1. Child Custody and Access: Required when there are children from the marriage - details custody arrangements, visitation rights, and access schedules

2. Child Maintenance: Required when there are dependent children - specifies financial support arrangements for children

3. Spousal Maintenance: Used when ongoing spousal support is part of the settlement

4. Business Interests: Required when either party has business interests that need to be addressed

5. Pension and Retirement Benefits: Used when there are pension or retirement benefits to be divided

6. International Assets: Required when parties have assets in multiple countries

7. Religious Divorce: Required for couples who also need religious divorce documentation

8. Confidentiality: Optional clause for high-profile cases or when parties want privacy provisions

9. Future Dispute Resolution: Optional mechanism for resolving future disputes about the agreement

What schedules should be included in a Divorce Settlement Agreement?

1. Schedule A - Property Inventory: Detailed list of all matrimonial property and agreed division

2. Schedule B - Financial Assets: List of all financial assets including bank accounts, investments, and securities

3. Schedule C - Personal Effects: Inventory of personal items and their agreed distribution

4. Schedule D - Child Custody Schedule: Detailed visitation and custody calendar if applicable

5. Schedule E - Child Maintenance Calculations: Detailed breakdown of child maintenance calculations and payment schedule

6. Appendix 1 - Marriage Certificate: Copy of the original marriage certificate

7. Appendix 2 - Property Valuations: Professional valuations of significant assets

8. Appendix 3 - Financial Disclosure: Both parties' financial disclosure statements

Authors

Alex Denne

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

Jurisdiction

Nigeria

Publisher

Ƶ

Document Type

Divorce Agreement

Cost

Free to use

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