The prenuptial document (Prenup) under The Matrimonial Property Act is an agreement made by parties to an intended marriage and which establishes the property and financial rights of each spouse in the event of a divorce. It sets out the terms of ownership of assets, how to treat future earnings between the parties, control of the property and how the properties will be divided in the unfortunate event of a divorce. This agreement on its own takes precedence over other principles of subdividing matrimonial property.
Both the Constitution and the Children’s Act are instructive in matters of child adoption in Kenya. In any matter concerning a child, the child’s best interests are of paramount importance as set out under Article 53 (2) of the Constitution. The High Court is vested with the jurisdiction to make adoption orders pursuant to Section 154 of the Children’s Act. Children matters are heard in chambers for purposes of protecting the identity of the child and that of the adoptive parent(s).