Alimony and why married Kenyan couples should consider prenuptial agreements

    Prenuptial ( premarital ) agreement

    There is an ongoing case in the law courts which requires the courts determine the eligibility for alimony, especially in a case where the partner in question is well off. In a decision that is likely to have an impact on how marriage alimony is paid, the court will determine whether it is discriminatory for men to pay maintenance to an estranged woman even when they did not sire children with her. At the centre of this particular court case, however, is a white couple who have been living in Kenya for some time now.

    Unfortunately, most married couples are forced to undergo nasty divorce proceedings in the hands of the courts for the failure of recognizing prenuptial agreements and the headache it saves you in the case of a divorce. A prenuptial agreement is a legally binding contract created by two people before they marry. In the prenuptial agreement the couple addresses such issues as the property brought into the marriage by each person and any property acquired during the marriage and, what the property rights of each will be should they divorce.

    Marriage gambling

    In Kenya, we have the Matrimonial Property Act No. 49 of 2013. Section 6(3) of this Act recognizes the right of parties to an intended marriage to enter into an agreement before they get married. This is to determine their property rights. However, there is not much cases of prenups in the Kenyan courts.

    This is probably because a prenup is basically an admission of the ‘temporariness’ of your impending marriage. That would explain why many Kenyans shy away; no one wants to go into marriage with the expectation of a divorce, however logical it may seem.  Regrettably once it happens and you go to the court demanding to keep that Honda CRV you entered the marriage with, a prenup is well out of the question.

    Once you think about it, a prenup really is there to help you. For those whose partners stray, it goes without saying that they probably would rather not if their cheating will lead to their losing half their assets.

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