“People should have prenups” – Martha Karua.

Lawyer Martha Karua sat down to discuss finances on “Financially Incorrect,” where she admitted to never having had any literacy when it came to money matters. 

Recalling her first salary, she acknowledged that she was reckless with her finances.

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

She shared, “I realized my salary could not fully support my family. I also started my life as a single parent after leaving my marriage, and I was not able to provide adequately.”

She also addressed the topic of couples having a prenuptial agreement. “I think people should have prenups to avoid disputes if the need arises.

In Kenya, we’ve had to fight hard to get recognition that women deserve a share. 

Historically, average women would get married and have their salaries controlled by their husbands. If they bought property, it would often be in the husband’s name; very few were putting it in joint names.”

Adding further, she said, “As a former family lawyer, I know that my mother’s peers, as well as many of my own peers, found that most of their assets were in the man’s name, not in joint names.”

She elaborated, “Now, trying to convince the court that both of you were earning, and if you contributed to the household while he acquired property, you were relieving a burden that you would have otherwise had to bear.

If you are a housewife raising children, you are creating a home for both of you and your children, so proving both indirect and direct contributions is important. This is where prenups can be beneficial.

A prenuptial agreement is a written contract created by two people before they marry. She emphasized, “Having a prenup doesn’t hurt; it doesn’t mean I love you any less. It’s just about being prepared.

If you choose not to have a prenup, agree that everything you acquire will be in joint names. It’s not about a lack of trust; consider that if one of you passes before the other, there may be others who come to claim what you have. Therefore, put everything in joint names.”

According to Clarion Solicitors, prenups are quite flexible documents that address how the impact of children, changes in employment, or illness may affect the couple’s finances over the years, and they can include provisions for review.

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

If you are the one suggesting a prenup, it’s best to bring it up as early as possible to give your partner plenty of time to adjust to the idea. 

Prenups are more likely to be binding if signed at least 21 days before the wedding, ensuring no one can claim they were forced to sign under duress. 

It is advisable not to leave it until the week before the wedding when there will be many other stressful matters to handle.

For more news updates, tune in to NRG Radio or download the NRG Play App on your phone