Cohabitation Agreement (Nigeria)

A Cohabitation Agreement in Nigeria records the obligations the parties accept and the terms governing their arrangement.

Unlike many common law jurisdictions that provide statutory protections for de facto couples or cohabiting partners, Nigeria has no equivalent statute. Nigerian law draws a sharp distinction between married and unmarried couples: only the Matrimonial Causes Act Cap M7 LFN 2004 governs the rights of parties to a valid marriage under the Marriage Act Cap M6 LFN 2004 (statutory marriage). Unmarried cohabiting couples in Nigeria have no automatic rights to each other's property on separation or death.

A cohabitation agreement is therefore enforced under Nigerian contract law principles — if the agreement meets the requirements of the Contract Law applicable in the relevant state (offer, acceptance, consideration, certainty, and legality), it is binding between the parties. Courts in Lagos, Abuja, and Port Harcourt have enforced financial arrangements between former cohabiting partners when those arrangements are documented in clear, unambiguous written agreements.

The Land Use Act 1978 governs ownership of land and buildings in Nigeria. Where cohabiting partners jointly contribute to the purchase of land or construction of a building, co-ownership rights may arise under a constructive trust or resulting trust under equity principles applied by Nigerian courts. A cohabitation agreement that expressly documents joint contributions and intended ownership shares reduces the risk of disputed property claims.

Where a cohabitation agreement covers arrangements for children born to the relationship, the Child Rights Act 2003 and the Matrimonial Causes Act Cap M7 LFN 2004 govern those children's welfare, overriding any agreement between the parents that is contrary to the children's best interests.

The legal framework governing the Cohabitation Agreement (Nigeria) in Nigeria draws on several key statutes and regulatory bodies. Under Nigerian law, the Companies and Allied Matters Act 2020 (CAMA) regulates corporate entities through the Corporate Affairs Commission (CAC). The Labour Act (Cap L1 LFN 2004) and the National Industrial Court of Nigeria (NICN) govern employment disputes. The Nigeria Data Protection Regulation (NDPR) 2019 and the Nigeria Data Protection Commission (NDPC) protect personal data. The Federal Inland Revenue Service (FIRS) administers tax obligations under the Companies Income Tax Act. The Federal High Court and state High Courts have jurisdiction over civil matters. Parties executing a Cohabitation Agreement (Nigeria) in Nigeria should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Contract Law (received English common law) sets the foundational requirements.

A Nigeria Cohabitation Agreement is needed whenever an unmarried couple begins to live together and wishes to protect their individual financial interests and define their shared arrangements from the outset.

Couples who jointly purchase or lease a home need a cohabitation agreement to document each partner's financial contribution to the purchase price, mortgage payments, or rent, and to specify the ownership share each partner holds. Without this, a dispute on separation may leave the financially weaker partner with no enforceable claim under the Land Use Act 1978.

Partners who combine finances — for example, maintaining a joint bank account, making joint investments, or one partner financially supporting the other — need a cohabitation agreement to define what is shared property and what remains individually owned, and to record any financial arrangements that one partner wishes to keep separate.

A partner who is leaving a career or reducing working hours to support the household or care for children needs a cohabitation agreement to protect their financial position should the relationship end, given the absence of statutory rights for unmarried cohabiting partners in Nigeria.

Cohabiting couples with children should include a section on financial support for children to document maintenance arrangements aligned with the Child Rights Act 2003, Section 14, even though a custody or maintenance court order would take precedence over any agreement in relation to the children's welfare.

Nigerian professionals and business owners cohabiting with a partner should document how business interests, investment accounts, and other assets are to be treated, particularly where one partner contributes to the other's business operations.

Parties in Nigeria should prepare a Cohabitation Agreement (Nigeria) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under Nigerian law, the Companies and Allied Matters Act 2020 (CAMA) regulates corporate entities through the Corporate Affairs Commission (CAC). The Labour Act (Cap L1 LFN 2004) and the National Industrial Court of Nigeria (NICN) govern employment disputes. The Nigeria Data Protection Regulation (NDPR) 2019 and the Nigeria Data Protection Commission (NDPC) protect personal data. The Federal Inland Revenue Service (FIRS) administers tax obligations under the Companies Income Tax Act. The Federal High Court and state High Courts have jurisdiction over civil matters. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.

A Nigeria Cohabitation Agreement must contain the following key elements to be thorough and enforceable under Nigerian contract law.

Party Details: Full legal names, addresses, National Identification Numbers (NIN), and contact details of both partners. Clear identification avoids disputes as to who the agreement applies to.

Commencement of Cohabitation: The date on which the parties began or will begin living together, establishing the starting point of the arrangement.

Property Ownership: An inventory of all significant property — real estate, vehicles, investments, and valuable personal items — with a clear statement of who owns each asset (individually or jointly). For jointly owned property, the proportionate ownership share of each partner, referencing the Land Use Act 1978 where land or buildings are concerned.

Financial Contributions: How household expenses — rent or mortgage payments, utilities, food, insurance, and maintenance — are to be shared. Whether proportionate to income or split equally.

Joint Purchases and Savings: The treatment of assets purchased jointly during the relationship — whether they are jointly owned equally or in proportions reflecting each partner's financial contribution.

Separate Property Protection: Confirmation that identified assets (e.g., assets owned before cohabitation, inheritances received during cohabitation) remain the separate property of the owning partner and are not subject to any claim by the other.

Debt: How pre-existing debts and any debts incurred during cohabitation are to be allocated.

Children: If applicable, reference to any agreed parenting and maintenance arrangements under the Child Rights Act 2003.

Separation: The procedure on separation — how joint property will be valued and divided, how the shared home will be dealt with (sale or buyout), and the financial transition period.

Dispute Resolution: Mediation before court proceedings — the Lagos Multi-Door Courthouse or any registered Mediation Centre offers cohabitation dispute mediation services.

Governing Law: The laws of the Federal Republic of Nigeria and (where property is located in a specific state) the applicable state property law.

Witness and execution: Unlike a prenuptial agreement under the Matrimonial Causes Act Cap M7 LFN 2004, a cohabitation agreement does not require a specific statutory form. Both partners should sign in the presence of an independent witness and each retain an original. Where the agreement relates to real property — land or buildings held under a statutory right of occupancy under the Land Use Act 1978 — the agreement should be presented to the relevant State Land Registry for noting, and any joint right of occupancy must comply with Section 22 of the Land Use Act 1978 regarding Governor's Consent for alienation.

Tax considerations: Where partners hold joint investment assets or receive rental income from jointly owned property, the Federal Inland Revenue Service (FIRS) and the relevant State Internal Revenue Service (SIRS) may treat each partner as separately assessable on their proportionate share of income under the Personal Income Tax Act Cap P8 LFN 2004.

Additional compliance elements for a Cohabitation Agreement (Nigeria) used in Nigeria include: Under Nigerian law, the Companies and Allied Matters Act 2020 (CAMA) regulates corporate entities through the Corporate Affairs Commission (CAC). The Labour Act (Cap L1 LFN 2004) and the National Industrial Court of Nigeria (NICN) govern employment disputes. The Nigeria Data Protection Regulation (NDPR) 2019 and the Nigeria Data Protection Commission (NDPC) protect personal data. The Federal Inland Revenue Service (FIRS) administers tax obligations under the Companies Income Tax Act. The Federal High Court and state High Courts have jurisdiction over civil matters. Forms-legal.com provides this template as a starting point for Nigeria-compliant documentation.