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Are prenuptial agreements valid in Kenya?

Matrimonial Property Act 2013 · sources read 3 Oct 2026

Yes. A couple planning to marry can sign an agreement before the marriage that sets out their property rights. A court can set it aside if it was influenced by fraud or coercion, or is manifestly unjust.

Where
Signed between the couple before marriage; disputes go to court
Read the law

Steps

  1. Before the wedding, agree in writing on how your property will be owned, for example what stays each person's own and what is shared.
  2. If you signed under fraud or pressure, or the deal is clearly unjust, either of you can apply to court to set it aside.
  3. If you and your spouse or ex-spouse disagree over property, you can ask a court to declare your rights to it.

Watch out

  • The law speaks of an agreement made before the marriage. It does not mention one signed after the wedding.
  • Without any agreement, marriage does not change who owns property that is not matrimonial property.
  • A person who professes the Islamic faith may be governed by Islamic law on matrimonial property.

Who this covers

  • A man and woman who intend to marry, before the marriage takes place.
Official sources (1)
  1. Matrimonial Property Act (No. 49 of 2013) new.kenyalaw.org · read 3 Oct 2026

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