Marriage Is a Contract—Why Are Nigerian Men Afraid of Prenuptial Agreements
By Daniel Okonkwo
Marriage is traditionally regarded as a sacred union, grounded in love, respect, understanding, responsibility, and transparency. These ideals form the bedrock of a genuine and lasting relationship. However, beyond these emotional and social foundations lies an often-overlooked but essential pillar—the legal framework—which serves as protection when affection alone can no longer hold the threads of a union together.
In modern times, the solemn vow of "for better or worse, till death do us part" has increasingly become symbolic rather than binding. Once expressing a lifelong commitment through joy and hardship, it is now frequently challenged by shifting societal values. For many, marriage has evolved into a transactional arrangement, pursued not out of devotion, but for potential personal or financial gain.
In Nigeria, the Matrimonial Causes Act of 1970 (Section 72(2)) acknowledges the right of parties to enter into prenuptial and postnuptial agreements. These agreements allow spouses to proactively manage and protect their financial interests and clarify expectations within the marriage. While prenuptial agreements (or "prenups") are generally valid under Nigerian law, their enforcement is ultimately subject to judicial discretion. The courts may assess the fairness of such agreements and whether they align with public policy before deciding on their enforceability.
A prenuptial agreement, also referred to as a premarital or antenuptial agreement, is a legally binding contract made between two individuals before marriage. It outlines how assets and financial responsibilities will be handled during the marriage and in the event of a divorce or death. These agreements can also address key issues such as spousal maintenance (alimony), debt responsibility, and the treatment of income or property acquired during the marriage.
Critically, prenups help define what constitutes separate property (assets owned before marriage, or received as gifts or inheritance) and marital property (assets acquired during the marriage). This distinction ensures that pre-existing holdings such as businesses, real estate, investments, or intellectual property are legally protected. In cases where one partner has significant debt, a prenup can also shield the other from assuming liability—protecting marital assets from creditor claims.
In essence, a prenuptial agreement is not a sign of distrust but a strategic step toward ensuring clarity, protection, and fairness. It safeguards the intentions of both parties and provides a blueprint for asset management that can reduce conflict and legal complications in the future.
While marriage is a partnership, its dissolution often reveals its financial asymmetries. Without a prenuptial agreement, a spouse could be entitled to a significant share of marital property—even if their direct financial contribution was minimal. This concern is particularly relevant in Nigeria, where the law permits such settlements under statutory marriage, depending on judicial assessment of fairness.
For instance, high-profile divorces have demonstrated how financially devastating the outcome of marriage dissolution can be. A prominent example is MacKenzie Scott, former wife of Amazon founder Jeff Bezos, who received Amazon shares valued at approximately $35 billion following their 2019 divorce.
Though this example is from the United States, the risk of financial exposure after divorce is equally real in Nigeria—particularly for individuals with substantial wealth, property, or business assets.
Research has consistently shown that divorce can have a severe financial impact. One study found that divorced individuals experienced an average wealth drop of 77%—a statistic that accentuates the significance of preparing not only for the emotional dimensions of marriage but also its economic consequences.
In Nigeria, the legal framework for property division is notably complex and varies significantly between statutory and customary marriages:
Nigeria largely follows a separate property system, meaning that each spouse retains ownership of their assets unless it can be proven that both contributed to the acquisition. The Matrimonial Causes Act gives judges discretion to order settlements based on considerations like. Financial and non-financial contributions to the marriage. Welfare and needs of the children. Duration and nature of the marriage. Evidence of financial contribution is typically required to claim an interest in the property. Courts often do not intervene or redistribute assets unless traditional laws of the community are explicitly invoked or agreed upon.
Women, in particular, may face disadvantageous outcomes due to the patriarchal structure of customary norms. In the United States, many jurisdictions follow either an equitable distribution model—where courts divide marital assets based on fairness—or a community property model, where assets acquired during the marriage are split equally. These systems offer more predictable and codified frameworks for asset division.
By contrast, Nigeria’s approach is more conservative, emphasizing recognition of existing ownership and direct contributions rather than a blanket redistribution of assets. Consequently, without a prenuptial agreement or clear documentation, a financially weaker spouse may leave a marriage with significantly fewer assets—even if they made substantial non-monetary contributions, such as homemaking or childcare.
There is growing concern, particularly among men, about women who enter marriages with concealed financial motives. Described by some as “vamps” or “gold diggers,” these individuals may see marriage as a means of accessing wealth rather than building a life partnership. While such characterizations are often contentious and gendered, they reflect real anxieties about the intersection of marriage, trust, and material security.
It is important to note that women do not automatically receive half of a man's property upon divorce in Nigeria. However, without a prenup, the court can award a substantial portion of marital property—depending on the circumstances. This reality makes prenups a wise consideration for anyone with substantial assets, regardless of gender.
Love may be the foundation of a successful marriage, but legal preparation is its insurance policy. A prenuptial agreement offers a thoughtful and proactive way to define expectations, protect assets, and reduce conflict. In Nigeria, where the legal treatment of divorce is influenced by both statutory and customary systems, entering marriage without such agreements is akin to driving without insurance.
In a world where some marriages are exploited for material gain, legal foresight is no longer a luxury—it is a necessity. A prenup may not guarantee a lifelong union, but it can certainly guard against financial devastation and ensure that both parties leave the relationship with dignity, fairness, and security.
Daniel Okonkwo is a seasoned writer, human rights advocate, and public affairs analyst. He is known for his thought-provoking articles on governance, justice, and social equity. Through Profile International Human Rights Advocate, he continues to spotlight issues affecting Nigeria and beyond, amplifying voices that demand accountability and reform.
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