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Spousal Waiver
"I need a Spousal Waiver for my wife to relinquish any claims to my family business interests and associated properties in Lagos, ensuring the document complies with both Nigerian statutory law and Yoruba customary law."
1. Parties: Identification of both spouses, including full legal names, addresses, and marriage details
2. Background: Context of the marriage, including date and place of marriage, applicable legal system (statutory/customary/Islamic), and general purpose of the waiver
3. Definitions: Clear definitions of key terms, including types of property, rights being waived, and relevant legal concepts
4. Rights Being Waived: Detailed specification of exactly which spousal rights are being waived, with clear references to relevant laws
5. Voluntary Nature of Waiver: Express acknowledgment that the waiver is being made voluntarily and without coercion
6. Independent Legal Advice: Confirmation that each party has received or had the opportunity to receive independent legal advice
7. Acknowledgment of Understanding: Statement confirming that both parties understand the implications of the waiver
8. Governing Law: Specification of which Nigerian laws govern the waiver, including relevant customary laws if applicable
9. Execution: Formal requirements for signing, including witness requirements and attestation
1. Specific Property Provisions: Detailed listing of specific properties or assets affected by the waiver, used when the waiver relates to particular assets rather than general rights
2. Duration and Termination: Specific terms about how long the waiver remains in effect and circumstances for termination, if not permanent
3. Severability: Clause stating that if any provision is found invalid, the remainder of the agreement remains in effect, used in more complex waivers
4. Islamic Law Compliance: Additional provisions ensuring compliance with Islamic law, required if one or both parties are Muslim and subject to Islamic law
5. Customary Law Acknowledgment: Specific references to applicable customary law provisions, needed when the marriage involves traditional customs
6. Future Rights: Specific provisions about future-acquired property or rights, used when the waiver extends beyond current assets
7. Dispute Resolution: Procedures for resolving any disputes about the waiver, recommended for complex cases
1. Schedule A - Property Inventory: Comprehensive list of properties and assets affected by the waiver
2. Schedule B - Rights Checklist: Detailed checklist of specific rights being waived with references to relevant laws
3. Schedule C - Certificate of Independent Legal Advice: Formal certificates from legal practitioners confirming independent advice given
4. Appendix 1 - Marriage Certificate: Copy of marriage certificate or customary marriage documentation
5. Appendix 2 - Identity Documents: Copies of identification documents of both parties
6. Appendix 3 - Customary Law Declaration: If applicable, declaration of relevant customary law provisions affecting the waiver
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Corporate Advisory
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Succession Planning
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Estate Planning Lawyer
Private Wealth Manager
Legal Counsel
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Customary Law Specialist
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