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Are separation agreements binding as between the parties who enter into them in Nigeria? Otherwise what is the alternative for a couple seeking to separate or divorce but who are unable to do so as a result of their marriage being less than two years old?

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Hello

Thank you for contacting us.

Separation agreements are not prevented in Nigeria, and they are generally enforceable as it concerns division of property and living arrangements, if the contract has been properly drafted. However, please note that anything in the Agreement which touches on the affairs or rights of any children are not legally enforceable through a separation agreement, as it is only the courts that can make any decisions on the welfare of a child which are legally enforceable.

We hope you have found this information helpful. Please note that this information is provided for general informational purposes only and is not intended to be legal advice. No lawyer-client relationship is formed nor should any such relationship be implied. It is not intended to substitute for the advice of a qualified lawyer. If you require legal advice, please consult with a qualified lawyer.

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