Prenuptial agreements, also known as prenups, are becoming increasingly popular in modern society. They are legal agreements made between two individuals before they get married, outlining how their assets and liabilities will be divided in the event of divorce or separation. Prenups are common in many developed countries, but what about Kenya? Are prenuptial agreements legal in Kenya?
The short answer is yes, prenuptial agreements are legal in Kenya. However, they are not governed by a specific law. The Kenyan Contract Act of 2019, which governs the formation and enforcement of contracts in Kenya, does not mention prenuptial agreements. This means that prenups are not specifically regulated in Kenya and their validity is subject to interpretation by the courts.
In Kenya, prenuptial agreements are viewed as legally binding contracts between two consenting adults. However, the agreement must meet certain requirements to be enforceable in a court of law. Firstly, the agreement must be in writing and signed by both parties in the presence of two witnesses. Secondly, both parties must have voluntarily entered into the agreement without any form of coercion or undue influence. Finally, the agreement must not be against public policy or the law.
Prenuptial agreements in Kenya can cover a range of issues, such as the division of property, spousal support, and child custody arrangements. However, it is important to note that not all issues can be covered in a prenup. Matters relating to child custody and child support are not enforceable as they are subject to the best interests of the child at the time of the divorce or separation.
It is also important to seek professional legal advice when drafting a prenuptial agreement in Kenya. A qualified family law attorney can help you navigate the legal complexities and ensure that the agreement is legally binding and enforceable.
In conclusion, prenuptial agreements are legal in Kenya and can be a useful tool for couples intending to get married. However, there are certain requirements that must be met for the agreement to be valid and enforceable in a court of law. Seeking professional legal advice and guidance is highly recommended to ensure that the agreement is legally binding and protects the interests of both parties.