Why Martha Karua Encourages Young Couples to Sign Prenups
Martha Karua is advocating for young couples to adopt the practice of signing prenuptial agreements or registering property under both partners’ names.
In Kenya, prenuptial agreements are still uncommon, with most married couples not having such contracts. However, Karua, a seasoned lawyer and former family advocate, is encouraging the younger generation to consider prenups before marriage or, at the very least, ensure joint ownership of assets.
A prenuptial agreement is a legally binding contract that outlines how a couple’s assets, debts, and spousal support will be managed in the event of divorce or the death of a partner. It serves to safeguard each individual’s financial interests.
“I think people should have prenups to avoid disputes should the need arise. In Kenya, we’ve had to fight for women to get the recognition they deserve in property matters. In the past, salaries were controlled by husbands, and properties were often registered solely in their names, with very few being jointly owned. As a former family lawyer, I know for a fact that many women from my mother’s generation and even my own had little to no property registered under their names,” Karua stated on the Financial Incorrect podcast.
She emphasized that a prenup or joint ownership is important regardless of whether both partners are earning.
“If you’re a stay-at-home mother raising children and managing the household, you are still contributing directly and indirectly. A prenup ensures that your contributions are recognized,” she added.
Karua clarified that having a prenup does not diminish love or trust in a relationship but serves as a precaution.
“It doesn’t mean I love you less—it’s just about being prepared. If you don’t have a prenup, ensure that everything acquired is in joint names. It’s not a matter of distrust, but consider what happens if one partner passes away—relatives may come forward with claims. To avoid such issues, register property under both names,” she advised.
