VALIDITY OF PRE-NUPTIAL AGREEMENT IN NIGERIA AND THE PUBLIC POLICY TEST

Abstract

The legal effect of prenuptial agreement is a developing issue in the Nigerian Jurisprudence. The English law background of Nigeria sets the stage to question the enforceability of prenuptial agreement especially with the question of intention to enter into legal relation over such contract. In the absence of express legislation covering the field, this works draws from other relevant legislations and judicial pronouncement in answering the question of whether or not a prenuptial agreement is enforceable in Nigeria despite the position at common law where prenuptial agreements offends the public policy test, and the Courts in England and Wales through the cases are reluctant to alter this position. The research critically analysis prenuptial agreements through the lens of the public policy test to justify the position of the Nigerian Courts on same. This article adopted doctrinal approach and reliance is placed more on case law from Nigeria and the United Kingdom. The research also adopted an analytical approach and utilised both primary and secondary sources of academic materials.