Highlighted Insights
What Is a Prenup?
A binding agreement entered into before marriage, defining property and financial rights in the event of divorce.
Legal Framework:
Recognized under the Matrimonial Property Act, 2013.
Guided by Article 40 of the Constitution of Kenya on property rights.
Does not cover child custody—only property and finances.
Key Ingredients of a Prenup:
Property division (before and during marriage).
Financial disclosure of assets and liabilities.
Must be voluntary and agreed before marriage.
Why Consider a Prenup:
Simplifies divorce proceedings.
Protects pre-marriage assets.
Shields from a spouse’s debts.
Invalidation Grounds:
Courts may set aside prenups influenced by fraud, coercion, or unfairness under Section 6(4) of the Matrimonial Property Act.
Key Takeaway: Prenuptial agreements safeguard assets, ensure fairness, and offer clarity in case of marital breakdown.