Understanding Prenuptial Agreements in Kenya

Did you know that a prenuptial agreement is a smart, legally binding contract made before marriage to define how property and assets will be shared if the marriage ends?

Such an agreement protects both parties by recognizing all contributions—monetary and non-monetary—ensuring fairness, peace of mind, and clarity for the future.

Legal Framework in Kenya
The Matrimonial Property Act, 2013, explicitly allows spouses to enter into agreements about ownership of marital property, provided these agreements are made freely, with full disclosure, and without fraud or coercion. The Constitution of Kenya also emphasizes equality between spouses throughout marriage and upon its dissolution.

Key Takeaways 

• Prenuptial agreements are legally enforceable in Kenya if they reflect fairness and are voluntarily entered into.
• Contributions beyond financial input—such as domestic work and child care—are recognized in property sharing.
• These agreements help reduce disputes by clearly defining property rights and responsibilities before marriage.

What Should a Prenuptial Agreement Include? 

• Identification of parties and their assets before marriage
• Treatment of assets acquired before and during marriage
• Provisions for management and division of property upon dissolution
• Full disclosure and voluntary signing, ideally with independent legal advice

At Njoki Mwangi & Co Advocates, we assist couples in drafting balanced and enforceable prenuptial agreements that protect their interests and promote marital harmony.

Protect your future and promote transparency—consider a prenuptial agreement as part of your marriage planning.

For professional legal advice on drafting your prenuptial agreement, contact Njoki Mwangi & Co Advocates today.