Senior Counsel Martha Karua advocates for young couples to adopt the practice of signing prenuptial agreements or registering property under both names.In Kenya, the concept of prenuptial agreements is still largely unfamiliar, with most married couples not engaging in such arrangements.However, the experienced lawyer, who began her career focusing on family law, is encouraging the younger generation to consider establishing prenups prior to marriage or, at the very least, to hold properties jointly.
A prenuptial agreement, commonly referred to as a prenup, is a legally enforceable contract made by a couple before they wed, detailing the management of assets, debts, and spousal support in case of divorce or the death of one partner. The primary aim of a prenup is to safeguard the financial well-being of each individual should circumstances go awry.
“I believe having prenups can prevent disputes if challenges arise. In Kenya, we have fought hard to gain recognition for women’s rights to a share. In the past, when couples married, the husband would control the household finances. If they purchased property, it typically went in the husband’s name, with very few instances of joint ownership. From my experience as a family lawyer, I can say that my mother’s peers and even my peers often have their assets solely in the man’s name, not in joint ownership,” Ms. Karua shared during her appearance on the Financial Incorrect podcast.
She further emphasized that a prenup or joint ownership isn’t only for couples where both partners earn an income.
“If you are a stay-at-home mom raising children and creating a home environment, you are providing both directly and indirectly. Therefore, prenups serve to protect your contributions in that role,” she added.
Ms. Karua maintains that establishing a prenup does not diminish the love between partners but rather serves as a protective measure.
“It’s not harmful; it doesn’t imply lower affection. No. It’s simply a way to plan for various possibilities, and if not, agreeing that any shared assets will be under both names. If you forego a prenup, ensure to hold property in joint ownership always. It’s not a matter of trust; consider what happens if one partner passes away before the other—relatives may attempt to stake a claim.So just make sure to register it in both names,” she recommended.
