APPLICATION AND ENFORCEABILITY OF PRENUPTIAL AGREEMENT UNDER THE NIGERIAN LEGAL SYSTEM

Prenuptial agreements have become increasingly relevant in modern matrimonial relationships due to rising divorce rates and the need to protect individual property rights and financial interests before marriage. Despite their growing global acceptance, the application and enforceability of prenuptial agreements under the Nigerian legal system remain uncertain due to the absence of clear statutory provisions and limited judicial precedents. This study examines the legal framework governing the application and enforceability of prenuptial agreements in Nigeria. The research adopts a doctrinal and comparative legal research methodology, relying primarily on the analysis of statutes, case law, and relevant legal literature. Key legislative instruments such as the Matrimonial Causes Act, Matrimonial Causes Rules, Child’s Rights Act, and relevant judicial decisions were examined to determine the legal status and practical implications of prenuptial agreements in Nigeria. Comparative references were also made to jurisdictions where prenuptial agreements are more clearly recognized and enforced. The study finds that although Nigerian law does not expressly regulate prenuptial agreements, courts may recognize and give effect to them where they are entered into voluntarily, fairly negotiated, and do not contravene public policy or statutory provisions. Judicial discretion, particularly under the Matrimonial Causes Act, plays a significant role in determining whether such agreements will be upheld during matrimonial disputes. The research further reveals that the lack of explicit legal provisions creates uncertainty and may discourage couples from relying on prenuptial agreements as a reliable mechanism for property settlement. The study concludes that prenuptial agreements can serve as an effective tool for preventing property disputes during divorce if properly recognized within the Nigerian legal framework. It therefore recommends legislative reforms to provide clearer statutory guidance on the validity, regulation, and enforcement of prenuptial agreements in Nigeria.