APPRAISING NUPTIAL AGREEMENTS IN THE PROTECTION OF WOMEN AGAINST OPPRESSIVE TREATMENTS IN MARRIAGES IN NIGERIA

Abstract

Many Nigerian women face discriminations and oppressions in their marriages. There has been an age long concept of women being relegated to the background. This stems from the fact that Nigerian women are seen in marriages not as partners but as properties of their husbands. As a result, women’s general rights and in particular, proprietary rights are not adequately catered for. The problems of women’s rights in Nigeria include the absence of adequate legal framework geared towards the protection of women’s rights especially their matrimonial rights. Another problem is lack of proper implementation of the legal provisions. Overtime, series of measures have been explored towards checkmating these oppressions and discriminations. However, while we hail their efforts at exploring so many options towards the protection of the matrimonial rights of women, an option remains unexplored: The Nuptial Agreement Option comprising of Prenuptial and Postnuptial Agreements. Using the doctrinal methodology, and the analytical approach adopted with reliance placed on statute books, constitutional provisions, research reports, journal, seminar papers and so on, this work explored the option of the Nuptial Agreement in the protection of Women’s Matrimonial Rights in Nigeria. This work found that the nuptial agreement gives clarification and certainty as to the conduct of the financial affairs of parties during the subsistence of the marriage or in the event of divorce or separation and was found to be able to curb the oppression that comes with one partner (usually the woman) being the financially weaker party. This was also found to be capable of assisting the financially weaker party to feel financially secure within the marriage. It therefore advocated for the legislation of the nuptial agreement in Nigeria as this would go a long way in the protection of the matrimonial rights of women especially their proprietary rights in Nigeria. It is not the intention of the researcher nor the concept being advocated to create an enabling environment for insecurity and tension which may lead to the breakup of marriage. It is rather the hope of this research work that the nuptial agreement if implemented would help in the protection of the matrimonial rights of women in Nigeria especially as it bothers property rights.