Finally, the central point is that the marriage contract must be a fair, just and law-compliant contract before being applied by the court. Should a couple think about divorcing and prepare for it before they are even married? This does not reflect a strong and Christian commitment. A marriage contract therefore undermines the couple`s marriage when it comes to the issue of divorce. With regard to the marriage contract, the most frequent question that usually arises is how the other spouse envisaged can exercise the intention to sign such a contract. Due to the nature of the agreement, there is a risk that the other party will consider it a marriage when concluding a marriage contract, when it already affects the divorce. If the parties have voluntarily entered into an agreement and there is no evidence that such an agreement was entered into by fraud, error, deception or misrepresentation, they are bound by the terms of the agreement. In addition, in order for marriage contracts to be valid before the law, they must not promote provisions contrary to public order. A contract may be against public policy, either because of the nature of the acts to be taken or because of the nature of the consideration. The courts will not apply a contract contrary to public policy, which was made brief in Huebner v. Aeronautical Industrial Engineering and Project Management Co Ltd (AIEP/DANA) , where it was made clear that the crucial point is that the marriage contract, like any other type of contract, must be a „valid“ contract, Before it is imposed by the court.
So, if you are thinking about a marriage and you are considering whether or not to get a pre-nup, know that nothing prevents you from entering into such an agreement under Nigerian law. However, as with all agreements, the strength and validity of the agreement really lies in the way the agreement is conceived and it is essential that the parties, when drawing up such an important agreement, call on lawyers who know what they are doing! The MCA, in Article 72(2), recognises the right of the parties to perform the marriage and marriage contract (a contract of succession is concluded after the marriage and, in most cases, in divorce proceedings). Although the Court has a margin of appreciation in the enforcement of pre-marital or post-marital agreements in the event of divorce, experience has shown that the Court is willing to apply inheritance agreements. The same approach would apply to Prenup, given that the court is responsible for taking into account all the prenup of the parties for the settlement of immovable property. Ahmed sought the assistance of a lawyer and was informed that a treaty could be developed to protect the rights and interests of both sides and to address at least some of their concerns.