However, it was only with the passage of the law in Kenya that marriage agreements were officially recognized. The law came into force on January 16, 2014 and repealed the 1882 Law on Married Women`s Property, which does not provide for marriage contracts. Its main objective is to guarantee the rights and obligations of the spouses with respect to matrimonial property and related purposes. Article 6, paragraph 3 of the Act provides that parties to a proposed marriage may enter into an agreement on their property rights prior to their marriage. In MBK/MB (2016) eKLR, the court had to ascertain whether an apartment purchased by the accused prior to marriage was part of the marital property. The marriage had only two clauses and provided, among other things, that any property acquired by one of the parties prior to his or her proposed marriage would belong to that party after the marriage. Since there is no evidence that the parties agreed that the dwelling would be part of the matrimonial property, it has emerged that the property belongs exclusively to the defendant. This is his proof that they later married. Before the marriage, they entered into a marriage pact according to which any party should be the property of that party before the marriage. The contract was signed on April 27, 2007, when they were married on June 2, 2007. They lived in [particularly detained] malindi, where the accused had a one-bed room. They stayed there for about 6 months.
The house was small because they had a small child with whom the accused lived. They planned to adopt the child. They agreed to look for a big house to buy. They found a house in Kilifi and bought it together. The house had to be renovated and he watched it. During the renovation work, the accused lived in Malindi. Electricity and water were cut off and restored. The bills were in his name. The accused had financial problems during this period. The complainant made a number of commissions. He founded a shop in Kilifi.
In the past, his friend lent them 1.1 million kshs. They agreed to share the money equally. He has invested Kshs.400,000/ in his business. This is his further proof that he did not contribute financially to the purchase of the house in Kilifi. However, he once purchased material for Kshs.100,000/ on January 18, 2008 and another edition for Kshs materials.100,000/- on December 7, 2007. All the time, he knew the house belonged to them. The accused sold the house without giving him anything. The house was transferred in the accused`s name and was later sold. It was not refunded after the sale of the house. They also had a Toyota vehicle. The accused attempted to sell her property at the Woburn residence.
The significant assets are of considerable value. The parties will sign a marriage pact that will demonstrate that these assets will not be subdivided between them after separation, and each party will get away with its own assets and debts. The primary objective is to achieve effective segregation of inherited funds. A marital agreement is the appropriate tool for the contract. In addition, a gift that is made during a wedding can also be treated in a prenup agreement. The timing is just as important and signing the marriage contract just before the marriage increases the risk that one party will be considered inappropriate pressure on the other.