PRENUPTIAL AGREEMENTS: NON- DISCLOSURE AS A DEFICIENCY TO FAIR DISTRIBUTION OF MATRIMONIAL PROPERTY IN KENYA
Date
2021-03
Authors
Nyanduko, Abisai Aoleon
Journal Title
Journal ISSN
Volume Title
Publisher
Strathmore University
Abstract
The Matrimonial Property Act entered into force in 2013 in the jurisdiction of Kenya. One of the salient features of the Matrimonial Property Act is the recognition of prenuptial agreements pursuant to Section 6 (3). This was a very big step because they had never been recognized in Kenya’s jurisdiction. Due to this, people have entered into prenuptial agreements.
Description
According to the Black’s Law Dictionary, a prenuptial agreement is an agreement made before marriage to resolve issues of support and property division if the marriage ends in divorce or by the death of a spouse. It is also called an antenuptial agreement.1 Prenuptial agreements first came into place in ancient Egypt two thousand years ago. The agreements were negotiated by the parents of the bride and the groom. The first legal document that gave a woman the rights to finances was called ketubah, which was a Hebrew marriage contract. In the years between 1461 and 1464, King Edward IV of England signed a prenuptial agreement with Eleanor Butler in accordance with Wars of the Roses.