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Private Divorce Agreement for Nigeria

Private Divorce Agreement Template for Nigeria

A Private Divorce Agreement under Nigerian law is a legally binding document that outlines the mutually agreed-upon terms and conditions for the dissolution of marriage between two parties. This document, governed by Nigerian matrimonial law including the Matrimonial Causes Act, sets forth detailed arrangements for property division, financial settlements, and where applicable, child custody and support. It serves as a comprehensive framework for the peaceful resolution of matrimonial matters outside of contentious court proceedings, while ensuring compliance with Nigerian legal requirements and protecting the rights and obligations of both parties.

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What is a Private Divorce Agreement?

The Private Divorce Agreement is a crucial document used in Nigerian divorce proceedings when parties wish to settle their matrimonial matters through mutual consent rather than contested litigation. This agreement is particularly relevant when both parties have reached an amicable decision regarding the dissolution of their marriage and can agree on key terms such as asset division, financial arrangements, and child custody (if applicable). The document must comply with Nigerian legislation, particularly the Matrimonial Causes Act and related family law statutes. It serves as a foundation for the court's final divorce decree and can significantly streamline the divorce process. While not replacing the need for a court-issued divorce decree, this agreement demonstrates to the court that both parties have thoughtfully considered and agreed upon the terms of their separation, potentially expediting the legal proceedings.

What sections should be included in a Private Divorce Agreement?

1. Parties: Identifies the divorcing spouses with their full legal names, addresses, and any other relevant identifying information

2. Background: Brief history of the marriage, including date and place of marriage, separation date, and basis for divorce

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Purpose of Agreement: States the intention to formally document the terms of divorce and settlement between the parties

5. Acknowledgments: Confirms both parties enter the agreement freely, have received independent legal advice, and understand their rights

6. Division of Property: Details how matrimonial property and assets will be divided between the parties

7. Financial Settlement: Specifies any lump sum payments, periodic payments, or maintenance arrangements between the parties

8. Release of Claims: Mutual release of future claims against each other's estates or properties

9. Confidentiality: Terms regarding the confidentiality of the agreement and personal matters

10. Governing Law: Confirms the agreement is governed by Nigerian law and specifies relevant jurisdiction

11. Modification: Procedures for modifying the agreement in the future

12. Execution: Signature blocks and attestation requirements

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

1. Child Custody and Support: Required if the couple has children under 18, detailing custody arrangements, visitation rights, and financial support

2. Business Interests: Required if the couple has shared business interests, detailing how these will be divided or managed

3. Inheritance Rights: Used when there are specific inheritance matters to be addressed

4. Religious Considerations: Required for marriages with religious elements requiring specific handling

5. International Assets: Required if there are assets in multiple countries

6. Educational Expenses: Used when there are ongoing educational commitments for children

7. Medical Insurance: Required when ongoing medical coverage needs to be addressed

8. Tax Provisions: Used when there are significant tax implications to be addressed

9. Dispute Resolution: Optional mechanism for resolving future disputes through mediation or arbitration

What schedules should be included in a Private Divorce Agreement?

1. Schedule A - Asset List: Comprehensive list of all matrimonial assets and their agreed values

2. Schedule B - Property Details: Detailed description of real estate properties and their disposition

3. Schedule C - Financial Obligations: List of all debts, loans, and financial obligations and their allocation

4. Schedule D - Child Care Schedule: Detailed visitation and custody schedule if children are involved

5. Schedule E - Business Valuations: Professional valuations of any business interests

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

7. Appendix 2 - Property Documents: Copies of relevant property titles and documentation

8. Appendix 3 - Court Orders: Copies of any relevant court orders or judicial proceedings

Authors

Alex Denne

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

Jurisdiction

Nigeria

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions





































Clauses
































Relevant Industries

Legal Services

Family Law

Real Estate

Financial Services

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Public Sector

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Legal

Family Law

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Document Processing

Client Relations

Social Services

Property Services

Financial Advisory

Court Administration

Compliance

Relevant Roles

Family Law Attorney

Legal Counsel

Divorce Mediator

Financial Advisor

Estate Planner

Child Welfare Officer

Court Registrar

Legal Document Specialist

Property Valuer

Social Worker

Family Court Judge

Legal Secretary

Paralegal

Marriage Counselor

Human Resources Manager

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