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.