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
Steps
- 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.
- If you signed under fraud or pressure, or the deal is clearly unjust, either of you can apply to court to set it aside.
- 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)
- Matrimonial Property Act (No. 49 of 2013) new.kenyalaw.org · read 3 Oct 2026