Abstract

Marriage is a contract between two consenting people that is expected to last their lifetime without expectation of separation. Modern life challenges have made it imperative that couple safeguard assets brought into the marriage and acquired during the pendency of the marriage. This has given rise to married couples entering into prenuptial agreement that stipulates the distribution of assets if there is a breakdown of marriage. This study, using a desk-based doctrinal methodology gives a comparative analysis of the legal framework of prenuptial agreements in Nigeria and South Africa. The study found that in Nigeria, there is no legal framework for prenuptial agreements while South Africa has an established legal framework for prenuptial agreements. It concluded that prenuptial agreements are not to be used as a premonition that a marriage will end but to safeguard assets, prevent confusion and acrimony when separation occurs or marriage ends. It recommends that the Nigerian Matrimonial Causes Act should be amended in line with the South African Matrimonial Property Act  which makes prenuptial agreement an essential part of the marriage contract.

Keywords: Matrimonial Causes Act, Matrimonial Property Act, Nigerian prenuptial legal framework, Prenuptial agreement, Nigeria and South Africa.