Prenuptial Agreements in Kenya

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In Kenya, prenuptial agreements are governed by the Matrimonial Property Act. These agreements are legally recognized and enforceable in court. Let’s delve into the details:

1. What is a Prenuptial Agreement?

  • A prenuptial agreement, commonly known as a “prenup,” is a contract between parties who intend to get married.
  • It establishes the financial rights and property of each spouse in the event of a divorce.

2. Essence of Prenups:

  • When two individuals with valuable assets plan to marry, a prenup outlines how these assets will be divided upon separation.
  • Prenups are essential for protecting children from previous relationships in subsequent marriages.
  • They can segregate inherited funds and address the division of gifts received during marriage.
  • If there are third parties with interests in assets (e.g., shared real estate), a prenup can clarify ownership.

3. When Prenups Are Not Applicable:

  • Prenuptial agreements do not cover matters related to child custody, child support, or personal relationships with family.
  • They focus primarily on financial and property aspects.

4. Amending Prenuptial Agreements:

  • Prenups can be amended through additions, deletions, variations, or corrections.
  • Any amendment must be in writing and with the consent of both spouses.

Remember that prenuptial agreements provide clarity and protection, especially when significant assets are involved. If you have any more questions, feel free to ask!