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You are at:Home»OPINION»Sign a Pre-nup – Martha Karua Advises Couples
OPINION

Sign a Pre-nup – Martha Karua Advises Couples

Kevin TevBy Kevin TevFebruary 17, 2025No Comments3 Mins Read
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The lawyer sat down to talk finances on Financially incorrect, where she admitted to never having had any literacy when it came to money matters. Recalling her first salary, she told she was reckless.

Karua worked in the Judiciary, before transitioning to private practice where later as a single parent.

“i realized my salary cannot help me to cater fully for my family. I also started my life as a single parent, coz I left marriage, and I was not able to cater fully”

She also delved on the topic of couples having a pre-nuptial agreement.

“I think people should have pre nups to avoid a tussle should there be need, and in Kenya, we’ve had to fight so hard to even get recognition that women deserve a share, because we have the average women, especially those days, will get married the salary will be controlled by the husband. If they buy property, it will be put in the husband’s name, very few were putting in jointly,”

Adding

“I used to be a family lawyer, and I know as a matter of fact, that my mums age mate and even my own age mates, most of the things will be in the man’s name, not even in joint”

Explaining further,the seasoned politician said “So now trying to tell the court to understand that you two were earning, and if you spent on the household while he acquired property, you were relieving of a burden otherwise you would have had to bear. If you are a housewife and you are raising the children, you are making a home for the both of you and the children, so proving indirect and direct contribution ..you know… So prenups save you all that.”

A prenuptial agreement is a written contract created by two people before they’re married.

“It doesn’t hurt, it doesn’t mean I love you any less. No. It’s just preparing, and if not, agreeing that everything you acquire will be joint names, just that. If you don’t have pre nups please acquire in joint names, always. and it’s not about not trusting each other, imagine if any one of you goes before the other, other people may come to claim. Relatives, so just put it in joint names.” she advised.

According to Clarion Solicitors says it’s quite a flexible document, dealing with how the impact of children, changes in employment or illness may affect the couple’s finances over the years, as we include provision for review.

Couples should enter into such contracts in advance of the wedding, to give both parties sufficient time to consider and reflect on the terms of the agreement.

Rules to guide you:

If you are the one asking for a prenup, you should ideally raise it with them as early as you can, to give them plenty of time to get used to the idea.

Prenups have a greater chance of being binding if they’re signed at least 21 days before the wedding, so no one can allege they were forced to sign under duress. It’s definitely better not to leave it to the week before the wedding, when there will be plenty of other stressful things to deal with

 

by MAUREEN WARUINGE

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Kevin Tev

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