A prenuptial agreement is a legal contract made by a couple before they marry, outlining the financial and property rights of each spouse in the event of a divorce. This article is your guide to understanding how prenuptial agreements in Kenya work and how you can benefit from them.
Prenuptial agreements are governed by the Matrimonial Property Act in Kenya and should be drafted by a qualified lawyer to ensure they are legally binding.
Kraido Advocates is a law firm that offers prenuptial agreement legal consultation and drafting in Kenya, among other family law legal services in Kenya.
Consult Kraido Advocates about prenuptial agreements in Kenya by calling +254 799 180 755, emailing mail@kraidoadvocates.com, or sending us a message via our Free Inquiry Form.
Contents of Prenuptial Agreements in Kenya
Note that 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 related to the married couple. Prenups can be amended through additions, deletions, variations, or corrections.
The following are some of the key contents of prenuptial agreements:
1. Financial Disclosure
Both parties must fully disclose their financial situation, including their assets and liabilities. This ensures that both parties clearly understand their financial situation and can make informed decisions about the terms of the prenuptial agreement.
2. Division of Property
The prenuptial agreement should specify how the property will be divided in the event of a divorce. This includes both marital and separate property. Marital property is property acquired during the marriage, while separate property is property acquired before the marriage.
3. Spousal Support
The prenuptial agreement should also specify whether spousal support will be paid in the event of a divorce. This includes the amount and duration of the support.
4. Inheritance
The prenuptial agreement can also address inheritance issues. This includes how inheritance will be treated in the event of a divorce and whether the surviving spouse will be entitled to any inheritance.
Inheritance information can be included as a relevant summary of the will to avoid disclosing confidential information.
Benefits of a Prenuptial Agreement
A prenuptial agreement is a legal contract that outlines how a couple’s assets will be divided in case of a divorce or separation. Prenuptial agreements can be beneficial in many ways, such as:
- Protecting Your Assets: A prenuptial agreement allows you to protect your assets and property in case of a divorce or separation. This is especially important if you have substantial wealth or own a business.
- Clarifying Financial Rights and Obligations: A prenuptial agreement can help clarify each partner’s financial rights and obligations during the marriage. This can help prevent misunderstandings and disputes over money matters.
- Avoiding Lengthy and Expensive Divorce Proceedings: With a prenuptial agreement, the terms of your divorce or separation are already agreed upon, which can help avoid lengthy and expensive court battles.
- Protecting Your Children’s Inheritance: A prenuptial agreement can ensure that your children from a previous marriage or relationship receive their rightful inheritance.
We can help you understand the legal implications of a prenuptial agreement and protect your interests. Additionally, our lawyers offer divorce, property division, and transfer of property services in Kenya.
When Is the Best Time to Write a Prenuptial Agreement
If you’re considering getting married in Kenya, you may wonder if you need a prenuptial agreement.
It is important to note that prenuptial agreements are not just for the wealthy. Anyone can benefit from having a prenuptial agreement, especially if you have assets that you want to protect.
The best time to write a prenuptial agreement is before you get married. Ideally, it would be best to start writing a prenuptial agreement at least six months before your wedding date. This will give you and your partner enough time to negotiate the terms of the agreement and ensure that it is fair to both parties.
If you need help figuring out where to start, consider contacting us today. A legal team member will be assigned to help you draft a prenuptial agreement that meets your specific needs and protects your assets.
Prenuptial agreements can be essential legal tools for ensuring a fair property distribution, especially for non-monetary marital contributions like home care and child raising.
Are Prenuptial Agreements Enforceable in Kenya
Prenuptial agreements in Kenya are legally recognized and enforceable under Section 6(3) of the Matrimonial Property Act of 2013. However, certain conditions are necessary for the agreement to be enforceable.
A court can set these agreements aside where there is proof that the agreement was influenced by fraud, coercion, or is manifestly unjust. Therefore, ensuring that the agreement is authentic, fair, and reasonable to both parties is essential.
It is also important to note that prenuptial agreements in Kenya only cover matrimonial property. This includes property acquired during the marriage but not property owned by either spouse before the marriage.
Therefore, defining what constitutes matrimonial property in the agreement is important. Consult a lawyer if you need clarification.
Get a Professional Prenuptial Agreement in Kenya
Our team comprises family lawyers with extensive experience in drafting prenuptial agreements. Additionally, we offer consulting to help you take advantage of Matrimonial Property Laws in Kenya.
For help drafting and executing prenuptial agreements in Kenya, contact Kraido Advocates by calling +254 799 180 755, emailing mail@kraidoadvocates.com, or sending us a message via our Free Inquiry Form.
