Using Prenuptial Agreements For Wealth Protection

The position under the Matrimonial Property Act of Kenya (the Act) is that when a marriage is dissolved, the matrimonial home, household effects and assets jointly owned and acquired during the marriage are considered as "matrimonial property" which is to be divided between the divorcing parties based on the contribution of each party towards the acquisition of the asset. The general presumption for an asset held jointly by a married couple is that there may have been equal contribution and as such there is to be equal division unless proved otherwise. In relation to any other asset acquired by one spouse, whether before or after marriage, which is not matrimonial property, such as a commercial property or shares in a company, if the other spouse has contributed to the improvement of that property then the contributing spouse may also acquire a beneficial interest in that property equal to the contribution made.