A legal dissolution of marriage is a step that generates not only psychological and emotional consequences but also inevitably entails the need to resolve issues of material nature. The division of property is always a painful process, which must be approached competently so that the outcome of the consideration of the case became as fair and quick as possible. Let’s consider how to do it properly in Nigeria. Thanks to OnlineDivorce.com for the help with the content.
Instructions to isolate property after separation in Nigeria
As per the general standards of family law in Nigeria, things obtained in marriage to the detriment of the mates consider as regular things (together acquired) and are subjects to the division. For this situation, every one of the life partners in the division ought to get half of the aggregate domain. Since at first the offers of the couple in it consider as equivalent. Be that as it may, there are certain conditions in which the court may stray from the “ideal” percentages and determine the proportion of one spouse in a larger or smaller size.
The law of Nigeria establishes two ways of dividing property, depending on the legal regime chosen by the spouses:1. The legitimate government of the estate of spouses
It is based on the general rule that all acquisitions throughout marital relations are the joint property of the spouses, for which each of them has equal rights.
Nigerian’s law contains a list of what is related to the concept of spouse’s personal property and is not included in the total mass:
Property owned by the spouse before the marriage;
All that he received on gratuitous transactions already during the marriage;
Individual household items (clothing, razor, toothbrush, etc.), regardless of the time of purchase.
This rule applies in the absence of a marriage contract. If the agreement was entered into not immediately after the registration of the marriage or before its record, but after some time, then some of the things acquired before the conclusion of the marriage contract can be divided equally only if the marriage contract does not decide the fate of the existing marriage.2. Contractual regime
It implies signing a marriage contract that carefully regulates issues of property regime - what is distributed to whom and after the acquisition, in which cases the size of shares can be changed, and in which cases the spouse can be wholly deprived of all property (for example, cheating).
All common property, which is not included in the marriage contract, is subject to division according to the rules established by the legal regime.
How to start?
If you decide to divorce and divide the property at the same time, then you need to start a constructive dialogue with the second spouse. Perhaps you will be able to come to a mutually arranged option and then you can conclude an act of property section. It allows you to save a lot of money and nerves because the judicial process is a costly business, not only financially, but also morally.
If the dialogue with the other side stalled and did not reach consensus, the dispute can be resolved only in court. In this case, the interested party files a claim on the division of the jointly acquired property.
How to divide property after a divorce without trial in Nigeria?
To divide your property without trial, you need to reach agreement on this issue with a second person. If both spouses are ready to share on the proposed conditions, it is enough to draw up a written agreement on the division of your property, and it will be divided between you.
Such a document at the request of the spouses can be notarized. It is highly desirable to save yourself from possible disputes in the future.
How to draw up an agreement on the division of property of spouses?
The act of division of acquired property must be drawn up in writing. From its content, it should be clear precisely what things go to which of the spouses. For a safety net, you need to notarize the document. In this case, the parties must sign only in the presence of a notary. You can come to the notary with a ready-made agreement, or you can ask him to assist in drafting such an arrangement. In the second case, the cost of the notarial service will be much higher.
To unambiguously be confident in the correctness of drawing up an agreement on the division of joint property, you need to contact in advance for practical assistance from an experienced lawyer.
If three years have passed, how to divide property in Nigeria?
If three years have passed since the date of divorce, then the property can be divided voluntarily by entering into a written agreement. If there is a dispute, it is possible to go to court only in case of violation of the rights of one of the spouses, if it has not been three years since the discovery of such a violation.
Nuances of dividing the property in Nigeria if there is a child:
- If there is an ordinary child, the property acquired directly to the child, namely:
- His personal belongings (toys, hygiene items, etc.);
- Household items (stroller, children's furniture, dishes);
- Sports, educational, musical equipment;
Other things designed to meet the needs of the child are not subject to division and are transferred to the parent with whom the child remains to live. In this case, the second parent does not receive any compensation for the funds spent on these things.
Bank deposits opened by parents to their ordinary minor children are not subject to division either. It is the property of the child as well.
Roughly speaking, if two children are left with one of the spouses, the court may award in his favor the 1/2 share of the apartment, which is not required by law, but not more than 2/3 or not all of the housing.
To divide the property in Nigeria, you should meet the following conditions:
- The purchase of funds that are the total income of the spouses (such as, in particular, include: salary, pension, social benefits, commercial profit, passive income, copyright and other remuneration of any of the spouses who do not have a designated purpose);
- Registration of the transaction of sale in the period of the marriage registered with the registry office.
What property is not divided when a spouse divorces in Nigeria?
- Owned by each spouse before the wedding,
- Received during the marriage period for free transactions (inheritance, donation, privatization, etc.),
- Personal belongings of spouses (except for jewelry and luxury goods: expensive fur or jewelry, designer clothes, accessories),
- Exclusive rights to the intellectual activity of one of the spouses.
In fact, in the presence of agreement between the spouses, the property can be divided equally (1/2 to each), and in a different proportion. But this is possible only in the absence of a dispute between them.
In practice, a complete abandonment of your marital share is entirely possible, for example, by donating all your property to a second spouse. To do this, you must issue an appropriate donation agreement with a notary.
- Required documents for a claim on the division of property in Nigeria:
- Copies of documents confirming the presence in the joint ownership of the property specified in the request;
- certificates, other documents testifying to the current market value of the property to be divided;
- a copy of the marriage certificate (in the event of its dissolution, the declaration of divorce);
- a copy of the birth certificate of children
- a receipt of payment of state duty;
- other materials depending on the specific circumstances of the case.
All in all, it will be rather interesting to look at more details of the property division in Nigeria, however, we do believe, you got the information you really wanted!