Before ‘I Do’: Examining the Legality and Enforceability of Pre-Nuptial Agreements in Nigeria

Marriage is a contractual union between two consenting persons, traditionally intended to endure for life without contemplation of separation or dissolution. However, contemporary social and economic realities have made it increasingly necessary for couples to protect assets owned prior to marriage as well as those acquired during the subsistence of the marriage. This development has led to the growing use of prenuptial agreements, which provide for the ownership and distribution of assets in the event of marital breakdown or dissolution. This study adopts a doctrinal research methodology to undertake a comparative analysis of the legal framework governing prenuptial agreements in Nigeria and other African countries. The study reveals that Nigeria presently lacks a comprehensive statutory framework regulating prenuptial agreements, whereas South Africa has a well-established legal regime that expressly recognizes and governs such agreements. The study concludes that prenuptial agreements should not be viewed as an indication or anticipation of marital failure, but rather as a practical legal mechanism for asset protection, certainty, and the prevention of disputes, confusion, and acrimony in the event of separation or divorce. It therefore recommends that the Matrimonial Causes Act in Nigeria be amended to incorporate provisions similar to those contained in the Matrimonial Property Act, thereby recognizing prenuptial agreements as an integral aspect of marriage contracts.

Keywords: Divorce, Marriage, agreement