The MCA refers to agreements between the parties before or after the marriage. In some sections, it is called ante-nuptial or post-nuptial billing. See sections 16 (1) (f), 19, 72 (2), 73 (1) (k) of the MCA. A pre-marital contract is often referred to as a “marital agreement” or “prenup.” It is an agreement between two people (although they are still cooperative) that defines their rights and obligations in marriage or in the unlikely divorce case. Of course, cultural beliefs, especially in a country like Nigeria, will influence people`s opinions on these kinds of agreements. However, a prenup should not be considered a contract that is entered into because the parties are considering or have anticipated a divorce. A prenup will examine the vagueness of Nigeria`s property settlement law in the event of separation or divorce. By law, the court is responsible for taking into account any prior or post-marriage agreement that is made by the parties when the goods are paid. On the other hand, a prenup can be used to subject real estate management issues to the laws of countries with a more favourable legal framework.
So if you are thinking about a marriage and you are wondering whether or not you want a pre-nup, know that under Nigerian law, there is nothing to prevent you from entering into such an agreement. However, as with all agreements, the strength and validity of the agreement lies in the way the agreement is drawn up and it is imperative that the parties, in drawing up such an important agreement, call on lawyers who know what they are doing! Between 1461 and 1464, Eduard IV, according to Michael Miller`s “Wars of the Roses,” also signed a marriage agreement with Eleanor Butler, and Elizabeth Oglethorpe asked General James Edward Oglethorpe to sign a marriage agreement to protect his property rights from his marriage in 1744, according to “The Manor of Bishop`s Ockendon.”  There is a valid contract between the parties if a valid offer and valid acceptance are found, even if the parties are entitled to an agreement on all essential points, there is a valid contract. Apart from offer and acceptance, the offer and acceptance must be voluntary in order for a valid marriage agreement to be valid, i.e. the parties must have entered into the contract on a voluntary basis.  The special condition for proof of a breach of the promise of marriage was recognized by the Supreme Court of EZEANAH V. ATTA. Niki Tobi JSC, in his usual linguistic influence, noticed that a purely sociable or romantic relationship without more was not enough to marry a court to an agreement. If you are considering getting a premarital agreement before you get married, then you should speak to a family lawyer in Nigeria.
When we talk about the legality of prenups in Nigeria, a pre-conjugation treaty is valid like any other formal treaty, taking into account our existing laws. This means that, yes, a prenup in Nigeria is legal as soon as both parties have agreed to be linked to them and there has been no form of coercion, misrepresentation or fraud. The marriage agreement cannot and cannot circumvent or supersede the jurisdiction of the court.