The Use of marital property agreements for the division of matrimonial property upon divorce in Kenya

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dc.contributor.authorNdikwe, Alison Wanjira
dc.date.accessioned2017-07-27T07:13:28Z
dc.date.available2017-07-27T07:13:28Z
dc.date.issued2017
dc.descriptionSubmitted in partial fulfillment of the requirements of the Bachelor of Laws Degree at Strathmore University Law Schoolen_US
dc.description.abstractMarital agreements have been used for the division of matrimonial property upon divorce by couples for several years.However, their enforcement has been challenging. In Kenya the Matrimonial Property Act allows spouses to make antenuptial/pre-nuptial agreements for the division of matrimonial property upon divorce. It however does not recognize post-nuptial and settlement agreements. This may pose a challenge to the realization of equality as per Article 45(3) of the Constitution. This research has looked into the importance of recognizing post-nuptial and settlement agreements and how they contribute towards promoting equality between spouses in the ownership of matrimonial property. The study was conducted through a review of existing literature on the subject of marital property agreements. It has also included a comparative analysis of the South African and English law on marital property agreements. The aim of the comparative analysis was to identify best practices from these jurisdictions that can be applied to the Kenyan system. Additionally, a historical analysis of the Kenyan matrimonial property laws has been done so as to understand the importance of ensuring equality between spouses in the ownership of matrimonial property. In order to ensure that marital property agreements promote equality between spouses, the study recommends that there should be principles or guidelines that direct the court in dividing matrimonial property upon divorce as well as in the implementation and enforcement of marital agreements and finally that the law should give explicit recognition to post-nuptial and settlement agreementsen_US
dc.identifier.urihttp://hdl.handle.net/11071/5202
dc.language.isoenen_US
dc.publisherStrathmore Universityen_US
dc.subjectMatrimonial propertyen_US
dc.subjectMarital agreementsen_US
dc.subjectMatrimonial Property Acten_US
dc.subjectAntenuptial agreementsen_US
dc.subjectPre-nuptial agreementsen_US
dc.titleThe Use of marital property agreements for the division of matrimonial property upon divorce in Kenyaen_US
dc.typeDissertationen_US
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