If you’re considering a prenuptial agreement in Kenya, you might wonder if cheating could nullify it.
While cheating can strain a marriage and lead to a divorce, it’s important to understand its impact on prenuptial agreements.
Cheating alone does not nullify a prenuptial agreement. However, if the prenuptial agreement includes a specific clause about infidelity, cheating could trigger consequences outlined in that clause.
Under the Matrimonial Property Act, a prenuptial agreement can also be nullified if it was influenced by fraud, coercion, or is deemed highly unfair.
When drafting a prenuptial agreement, it’s essential to consult a reputable law firm for help to ensure its legal soundness and fairness.
Prenuptial Agreements in Kenya
A prenuptial agreement outlines how assets will be divided in the event of divorce or separation and can include provisions for spousal support and property rights.
In Kenya, these agreements are recognized and enforced by law. Article 40 (1) of the Constitution grants everyone the right to own property, allowing you to protect your assets in case of divorce.
However, a prenuptial agreement can be challenged in court if it was signed under duress, involved fraud, or is deemed highly unfair.
Reasons a Prenuptial Agreement Can Be Nullified
A prenuptial agreement outlines how the courts will handle a couple’s assets and finances in the event of a divorce. However, it can be nullified for various reasons.
Here are some reasons why a prenuptial agreement may not be considered valid in Kenya:
- Fraud or Force: If one person was forced into signing the agreement, or if the other person lied about their assets or income, the agreement can be nullified.
- Legal Requirements Not Met: A prenuptial agreement must adhere to specific legal guidelines to be considered valid; otherwise, it may be voided.
- Unfair Terms: If the agreement is extremely unfair, such as leaving one person with nothing, it can be invalidated.
If you think your prenuptial agreement should be nullified, it’s essential to get legal advice.
Impact of Cheating on Prenuptial Agreements
Cheating and Divorce
Cheating is a common reason for divorce and can affect prenuptial agreements in Kenya.
Prenups are usually legally enforced in Kenya, but they can be canceled if they involve fraud, force, or if they’re highly unfair.
Cheating by itself doesn’t cancel a prenup, but it can be a factor in certain situations.
Legal Requirements
Under Kenyan law, prenuptial agreements must meet specific requirements to be legally valid. They must be in writing, signed by both partners and witnessed by two individuals.
Additionally, the agreement must be commissioned by a Commissioner for Oaths to ensure its authenticity and enforceability in court. Meeting these legal standards helps safeguard the agreement’s legitimacy and provides stronger legal protection for both parties.
They also need to be fair and not break any laws. If an agreement is found to be invalid, it won’t be enforced in court.
If one partner cheats and there’s a clause about infidelity in the agreement, they may face penalties. If there isn’t such a clause, the cheating partner will still be held responsible for any losses caused by the affair.
If you’re considering a prenuptial agreement in Kenya, working with a lawyer who can explain your rights and commission the agreement is essential.
How to Challenge a Prenuptial Agreement
If you wish to contest a prenuptial agreement in Kenya, it’s crucial to understand the legal process.
First, schedule a consultation with one of our lawyers who will assess the agreement to determine if there are grounds for contesting it.
Common reasons include being forced to sign, unfair terms, or not telling the truth about assets, among other unlawful aspects.
If your lawyer thinks you have a case, we will file a petition in court. The court will schedule a hearing where both sides can present their case. The court will decide based on the evidence and laws.
Challenging a prenuptial agreement can be legally complex and take time, so it’s important to have a skilled lawyer by your side.
Need Help with Prenuptial Agreements or Legal Advice?
For expert advice and representation on prenuptial agreements in Kenya, contact Kraido Advocates LLP. Our experienced lawyers can guide you through the process, whether you’re creating, reviewing, or contesting a prenup.
Schedule a consultation today to get the legal support you need.
