This Is Framingham

This Is Framingham
Life in the ‘ham

Prenuptial Agreements In Kenya

April 11th, 2021

b) Marriage contracts are only useful in the case of divorce In the case of a divorce, the spouse may offer the unpaid spouse guaranteed protection that he cannot obtain in the event of a divorce or that it is related to fees and a lawyer. It is his prayer that he receives his share of the proceeds from the sale of Kilifi House. As the house was sold, he was to obtain shares in the defendant`s property in the Woburn residence. He applied to Kilifi Court for an investigation into the accused for child trafficking, but the application was denied. He considered the marital agreement to be a common property of all property acquired after marriage. While Kenyan laws recognize pre-marital agreements, they are silent on post-marital agreements. However, The Kenyan courts have looked at the location of post-marriage arrangements in the minimum of a marriage. Given the potential costs and the time it may take to conclude a divorce action, the cost of obtaining a lawyer to prepare a matrimonial agreement is relatively insignificant. With a mutual understanding of how divorce is managed, the parties may be able to bypass much of the struggle that most outgoing couples experience, including the total breakdown of communication and distress for children. Another example where a marriage would be useful is where a party is to inherit valuable family real estate, and the party does not want it to be divided at the time of divorce.

A final example would be, if a party prospers with significant investments does not want all current and future investments to be shared after divorce. These assets can also be protected under a pre-marriage agreement. In OKN/MPN [2017] eKLR, the Court of Appeal found that the court has the power, pursuant to Section 17 (1) of the Marriage Act, to rule on the distribution of property in the event of annulment of a marriage; that the Tribunal could consider the existence of marital or post-marriage agreements of the parties when a decision of divorce or nullity is made. A marriage agreement can be an effective instrument for wealth planning and prosperity protection, provided it is developed with foresight and fairness. Article 6, point (e), of the Act provides that spouses are required to freely enter into marriage agreements, while section 6, paragraph 4, provides that a party may ask the Court of Justice to seek the annulment of the agreement because the agreement was influenced by fraud, coercion or, obviously, unfairly. However, the law does not say anything about what fraud or coercion means or what would make an agreement manifestly unfair. Given the above, fear of the unknown is reason enough to choose a marriage. It works like insurance coverage that gives you medical or accident insurance without predicting that these things will happen one day and, in most cases, not. However, coverage provides security, so that in the event of an unfortunate event, a warranty is covered.

No Comments

No comments yet.

Comments RSS TrackBack URI

Sorry, the comment form is closed at this time.