Female Lawyer Shares How Men Can Prevent Wives from Collecting Property During Divorce, People React
- A female lawyer advised men on how to legally protect their property from their wives in the event of a divorce
- She stated that if a woman took part of a man’s property after divorce, then he was not a smart man
- Many reacted to the viral post as the lawyer gave details on what men could do to protect their property
A female Nigerian lawyer, Gift Samuel, shared how men can protect their property from their wives during divorce.
She shared what men should do to prevent their wives from collecting their property during divorce.
Source: Facebook
On her Facebook page, the lawyer explained how men can register their properties in the name of their kids.
Her post read:
“If a woman divorces you and takes part in your property, it means you're not smart as a man. There's something called irrevocable TRUST. Register in the name of your kids; it ceases to be part of a marriage property.”
Lawyer: how men can protect their property
The lawyer further explained her point, stating that the trust must be done before marriage.
She said:
“The only exception to this could be Timing. If you run to "the trust" during your time of divorce, it will not be honoured, it becomes a malicious step. If the trust was established BEFORE the marriage, it is more likely to be viewed as separate property. If it was created during the marriage and divorce period, it may be subject to division.”
As many asked her about how the trust can be established before having children, the lawyer added:
“Trust must only be for children. No 2. Trust can be done without carrying the name of any child. 3. Trust can have more than one beneficiary and terms. It can be revoked and irrevocable.
“I can also say I want this Trust Nominee to hold my property for any child I have in future until they're 18. If, paradventure I bear no child, my property should be given to charities and part of it to my brother. When that is the case, it doesn't concern whatever the woman comes up with tomorrow.”
In a chat with Legit.ng, the lawyer shared why she decided to write on the issue.
Her words:
"In today's society, many spouses may not be what they claim to be. We have seen things turn sour in marriages, we have had high divorce cases within the last 2 years, and it all boils down to the division of property.
"So I was beginning to wonder if division of property is the main reason why women don't stay in marriage. They no longer care about what happens to the children, the physiological trauma of separation, etc., so removing the property will give us a clearer perspective as to why most girls are married to rich men."
Source: Facebook
Reactions trail lawyer’s advice to men
Chima Eberechi said:
"I think the best way to avoid all the brouhaha that comes with divorce, is just to sign Pre-Nup before marriage."
Blessing Ochanya Asinde said:
"Kai this one no favour your fellow gender oh."
Ejiga Godwin Jnr said:
"What if the kids no be your own sef. Double wahala."
Mitchell Chisom said:
"With it (property) being with the children it's same as being with the woman cos she will definitely manipulaté the her way into the properties through the children."
In related stories, a pastor shared why he handled divorce cases as a lawyer, while another lawyer mentioned what determines paternity in Igbo land.
Nigerian law on irrevocable trust
As it was in Knight v. Knight (1840) 49 ER 58, ASALAW LP notes that a revocable or irrevocable trust is valid if it satisfies three conditions, such as:
- Certainty of Intention: The person who originally owns the property must have the intention to create a trust.
- Certainty of Subject Matter: The property in trust must be identified and established.
- Certainty of Objects: The beneficiaries of the objects must be defined or ascertainable.
Legal instances of trust in Nigerian courts
There are instances where cases of trust have come up in Nigerian courts. Two of them were Jolugbo & Anor v. Aina & Anor and Ughutevbe v. Shonowo & Anor.
Jolugbo & Anor v. Aina & Anor: The Court of Appeal agreed that trustees hold legal title to trust property but have the best interests of the beneficiaries, who possess ownership.
Ughutevbe v. Shonowo & Anor: The Supreme Court affirmed a trust where a father bought property in his son's name, showing that the son held the property in trust for the father.
Customary marriages lack full property protection - Lawyer
A family law legal practitioner, Fatima Waziri-Ibrahim, said statutory marriages in Nigeria enjoy better legal protection for property rights than customary marriages.
"The Matrimonial Causes Act (1970) is a key legislation that governs property rights in statutory marriages. Section 72 empowers courts to ensure equitable settlement of property in cases of disputes," she told Legit.ng.
However, she pointed out a gap for couples married under traditional systems:
"Customary marriages, however, may not offer the same level of protection, as property rights are governed by traditional laws."
Lawyer remarries after losing husband
Legit.ng previously reported that a Nigerian lawyer opened up on how she remarried as a young widow and mother of six.
She shared how her new marriage had been for her and advised widows who may remarry after losing their partners.
Many who came across the lawyer's viral post reacted after she hailed her current husband for taking good care of her.
Joseph Omotayo, the HoD of the Human Interest Desk, contributed to this article, adding that instances where Nigerian courts affirmed trusts.
Editorial assistant Ololade Olatimehin provided exclusive commentary from a legal practitioner for this report.
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Proofreading by Kola Muhammed, copy editor at Legit.ng.
Source: Legit.ng
