A case for global enforceable prenuptial agreements

Abstract

Ever since 1929, the English Courts have outrightly rejected the recognition and enforcement of pre-nuptial agreements, primarily on grounds of “Public Policy”. Most African countries have equally stigmatized them as un-cultural. With the passage of time however, the unpredictability, uncertainty and gender discrimination often observed in the sharing of marital property in court actions, led to the emergence and popularity of prenuptial agreements in many jurisdictions as a legal antidote to some of these flaws. The writer evaluates the obstinate and uncompromising attitude of the English judges and Nigerian legislators, and makes a case for a global recognition and enforcement of pre-nuptial agreements in the light of current trends and realities of our time.