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Wellingtone Edaki

Should pre-nuptial agreements be mandatory?

There has been ever growing disputes on Matrimonial Property during divorce and even sharing of the same afterwards – succession.

Kenyan’s Matrimonial Propert Act introduced the concept of Prenuptial Agreement where prospective husband and prospective wife would get into an agreement ( contractual in nature) where they would state their stake in property before and during marriage.

Part of the clause in such agreement is that the property that each prospective spouse had before marriage would not be considered as matrimonial property and each will solely enjoy its (their) owbership and possession.

The genesis of this can be traced in many divorce disputes and attempts by wives and to an extent husbands to try and assassinate the spouse in order to acquire property and also one spouse acquiring property during divorce to which they had none or minimal contribution.

Poll Results

50%Yes ( 1 voter )
50%No ( 1 voter )
Based On 2 Votes

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2 Him Answers

  1. they should be available to all those that want them, provided it is mutually agreed upon

    they should be available to all those that want them, provided it is mutually agreed upon

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  2. Given the current age we are in and the fact that people nowadays get into marriage with different motivations other than love and children, I'd urge everyone; man and woman to engage a lawyer and have a prenup in place. Maybe it's just me.

    Given the current age we are in and the fact that people nowadays get into marriage with different motivations other than love and children, I’d urge everyone; man and woman to engage a lawyer and have a prenup in place. Maybe it’s just me.

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2 Answers

  1. This is a must for people who have assets. There’s nothing as bad as losing half your wealth to someone you don’t even love (or hehe to be exact hate) to go and enjoy with someone else. But then again when people are getting married they are too happy and in love to think about things ever ending. TRead more

    This is a must for people who have assets. There’s nothing as bad as losing half your wealth to someone you don’t even love (or hehe to be exact hate) to go and enjoy with someone else.
    But then again when people are getting married they are too happy and in love to think about things ever ending.

    Those with like legal counsel or very well informed family and friends definitely always do the right thing and get pre-nupts.

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  2. Prenups should be made compulsory for everyone even the poor, average people. You see, not only does separation bring issues, even death can cause gross disagreements. For one to be given a marriage certificate a prenup and will should be compulsory. This will prevent a lot of drama during breakupsRead more

    Prenups should be made compulsory for everyone even the poor, average people. You see, not only does separation bring issues, even death can cause gross disagreements.

    For one to be given a marriage certificate a prenup and will should be compulsory. This will prevent a lot of drama during breakups and funerals.

    There are already many prenup templates online for different kind of couples: rich, famous, political etc. It should be an easy decision especially is you care about the wellbeing of the other person.

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