Yes. A prenuptial agreement is an agreement/contract between parties who intend to get married. It sets out the respective rights and safeguards of the parties in relation to assets they have before getting married for future reference should they get divorced in the future. Prenuptial agreements are legal and binding in Kenya. They are provided for in our law under Section 6(3) of the Matrimonial Property Act, 2013.

Matrimonial property is defined under Section 6(1) of the Matrimonial Property Act, 2013 and includes; the matrimonial home or homes (this is any property that is owned or leased by one or both spouses and occupied or utilized by the spouses as their family home); household goods and effects in the matrimonial home or homes; and any other immovable and movable property jointly owned and acquired during the subsistence of the marriage.

The common grounds for dissolution of all forms of marriage are cruelty, adultery, desertion, exceptional depravity and the irretrievable breakdown of the marriage. For customary marriages, additional grounds include any valid ground under the customary law of the Petitioner.

Division of matrimonial property occurs after divorce has been finalized between the parties. Any party thereafter can approach the High court to ask for the division of the matrimonial property.

A will refers to the wishes of a person on their estate upon their death. It can be written or oral. Writing a will gives one an opportunity to consider their own affairs and to decide with a sober mind who should inherit from their estate. By providing how and to whom property is to pass upon one’s death, a Will helps avoid disputes between heirs and survivors of the estate.

A deceased person’s property cannot be interfered with, either by way of selling, leasing, or ownership unless the people left behind ( be they children or dependents of the deceased) first approach court to obtain a Grant of Probate with Will Annexed or Letters of administration intestate. Where the deceased had written a will, the person they appointed as the executor of the Will takes over responsibility to approach the Court to obtain the Grant of Probate with Will annexed. Where the deceased died without a will, the dependents are supposed to agree on who will take responsibility as their Administrator to obtain the Letters of Administration intestate.

Parental responsibility is an automatic obligation acquired by the parents to a child whether married to each other or not. Neither the father nor the mother of the child shall have a superior right or claim against the other in exercise of such parental responsibility.

Both a father and a mother can individually get custody over a child. However, a child of tender years, i.e. a child under the age of 10 years, is at first instance given to the mother, unless it can be proven that the mother is unable to take care of the child, or is even a threat to the child. Other conditions are as set out in Section 83 of the Children’s Act.

A land search is carried out to confirm ownership of the land one intends to buy. It can be conducted online via the e-citizen platform or you can lodge the application for search at the Lands office in the locality where you intend to buy the land. Each County in Kenya has a land registry. Apart from confirming the owner of the land, the search will also reveals encumbrances on the land such as charges or mortgages where the title to the land has been used as security for a loan. It also reveals restrictions, inhibitions or caveats which prohibit anyone from dealing with in the land in a particular way.

A sale agreement helps parties to a sale transaction secure rights and obligations to be exercised by each one of them during the sale. It helps in setting down in writing the terms of the sale such as description of the subject property being bought, how purchase monies is to be paid, and the timelines within which to complete the sale including what options a party can exercise should the other party not fulfil the terms of the agreement.

The amount to deposit when purchasing property mostly depends on the terms of the sale agreement. This means that parties are free to negotiate how much and when to pay the purchase price. However the traditional provision of payment of purchase price is usually 10% of the purchase price as per LSK conditions of sale.

On Completion, the person buying the property (especially if it is land) is entitled to receive completion documents from the Seller. In every agreement there is a completion date set out by parties and this is the timeline given to the Seller to give out the completion documents to the Purchaser. Completion documents range from the Original Title, Transfer document, Lands rates clearance certificate, Land rent clearance certificates, certified copies of the Seller’s ID & KRA PIN, Stamp Duty valuation form, relevant consents etc.; in order to facilitate registration of the transfer of the land. On the other hand, the Buyer pays the remainder of the Purchase Price if any outstanding.

Stamp duty is paid by the Buyer and is assessed based on the market value of the land. The stamp duty amount for land within municipality boundaries is set at a rate of 4% of the value of the land while for rural land which is land beyond municipality boundaries and mostly agricultural land, it is set at a rate of 2%.