Dorcas A. Odunaike

There is a growing need to manage marital crisis positively to prevent an increasing number of dysfunctional families. The use of family agreements has over time been used as a mitigating factor although the enforceability of these agreements has been a subject of enquiry by legal practitioners and other interested parties. This study explored the nature of family agreements; their creation, types and common covenants. The study further examined the question of the enforceability of family agreements in Nigeria, the breach, remedies and modes of enforcement. The methodology adopted is qualitative, implemented through a doctrinal and content analysis approach. The study revealed the combination of Section 70-74 of the Matrimonial Causes Act gives an implied legal nod to the enforceability of family agreements in Nigeria. The study further found that family agreements shown to possess the essentials of valid contracts including the intention to create legal relations which are valid contracts that can be adjudicated upon by courts of competent jurisdiction. This study concluded that the legislature should give express assent to the use of family agreements as this would clear all doubts regarding the enforceability of family agreements. Pending the legislative intervention, it is recommended that family agreements be treated as any other contract which can be adjudicated by courts.