A lawyer known as Nupe has provided comprehensive advice to married couples on how to prevent sharing their properties with ex-partners in the event of a divorce.
In his explanation, the lawyer highlighted that marriages conducted under the Act—such as those solemnized at the Marriage Registry or a Licensed Church—subject any property acquired during the marriage to equal distribution between partners upon divorce. This applies irrespective of whether one partner made financial contributions to the acquisition of the property.
He clarified that the court's primary consideration is fairness and equity when dividing assets, rather than financial contributions from either party.
To mitigate the risk of sharing properties with an ex-partner after a divorce, the lawyer offered the following practical recommendations:
1. Prenuptial Agreement: He advised couples to enter into a prenuptial agreement before getting married. A prenuptial agreement is a legal document in which both parties outline the ownership of their respective assets and establish terms for their distribution in the event of a divorce.
2. Marriage Under Customary or Islamic Law Only: Another suggestion was for couples to marry under customary law or Islamic law instead of under the Act. This allows for asset division to be managed according to traditional or religious guidelines rather than statutory laws.
3. Use of Corporate Ownership: He also recommended that properties acquired during the marriage should be registered under a corporate entity’s name. This ensures that the ownership is tied to the company rather than either individual partner.
4. Establishing a Revocable Living Trust: Lastly, the lawyer proposed creating a revocable living trust to hold the properties. Such a trust allows the individual to retain control over the assets and determine their distribution, effectively shielding them from being subject to court-ordered division after a divorce.
These legal strategies, if implemented, can help protect one’s assets and minimize the financial complications associated with divorce. He emphasized the importance of proper planning and seeking professional advice to safeguard personal and family wealth.
