All templatesPRENUPTIAL AGREEMENT
THIS AGREEMENT is made on the ______ day of ____________ 20____ BETWEEN Aisha Wambui Mohamed AND Collins Otieno Were (together "the Parties").
1. The marriage
The date of the Parties' marriage is 12 December 2026. This Agreement determines the Parties' property rights under section 6(3) of the Matrimonial Property Act (Cap. 152).
2. Disclosure
Each Party has disclosed the following assets:
*Aisha Wambui Mohamed*
- Residential flat at Title No. Nairobi/Block 72/1450.
- 40% of Wambui Pharmacy Limited.
*Collins Otieno Were*
- 5 acres at Siaya/Ugunja/1123.
- A pension with the Retirement Benefits Scheme valued at KES 6,000,000.
3. Property during the marriage
Each party's pre-marital property remains separate; property acquired jointly after the marriage is owned in equal shares.
4. On divorce
Separate property remains with its owner; joint property is divided equally after settlement of joint liabilities.
5. Legal advice
Family and personal
Prenuptial or postnuptial agreement template (Kenya)
Also called: Prenuptial / Postnuptial Agreement
What it is for
A couple agreeing how property is owned and shared.
The Kenyan law it follows
- Matrimonial Property Act Cap 152 — s.6(3) (the parties to an intended marriage may agree before their marriage to determine their property rights), s.6(4) (the court may set the agreement aside if it was influenced by fraud or coercion or is manifestly unjust), s.7 (ownership according to contribution, subject to s.6(3))
Who prepares it
You can prepare this yourself. It is still wise to have an advocate read it before you sign, especially where a lot of money or a long commitment is involved.
Fill this in with your own details
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Sample prenuptial or postnuptial agreement
The first part of the sample is shown here. The names, amounts and facts are made up to show how the document reads.
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This is a sample for general information. It is not legal advice and may not suit your situation. Laws change, and a document has to fit your own facts; have an advocate check it before you rely on it.