Yes. The law in Kenya today allows couples to agree (in writing) on property-ownership before walking down the aisle. The law also protects matrimonial property to the extent that the investments cannot be sold or used as security for a bank loan at will.
The law now also allows couples to enter into prenuptial agreements (popularly ‘prenups’), which have never been allowed locally.
It provides that parties to an intended marriage may enter into an agreement before their marriage to determine their property rights.
It means that couples are able to mutually agree before marriage whether investments owned before or after marriage would be jointly or separately owned matrimonial property.
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Interestingly, the same law cracks the whip on gold diggers as it provides that a spouse may cancel the agreement through a court order, if it was influenced by fraud or coercion!
The content of a prenuptial agreement can vary greatly but common provisions are usually for division of property and spousal support in the event of divorce or breakup of the marriage.
For couples who secretly sold property without knowledge of their spouses, the mischief is no longer possible today following a new law that requires written consent of both spouses before any transactions on matrimonial property.
