What does the Kenyan law say about divorce?
What does the Kenyan law say about divorce?
Kenya has a fault-based divorce system. This is unlike many western countries. Thus, for two persons to divorce, they must prove a matrimonial fault on the part of the other spouse. Kenya does not recognize divorce by consent.
How long does divorce process take in Kenya?
The Kenyan divorce process is straightforward and uncomplicated. Thus, with all factors remaining constant, the process should take a maximum of 2 months from start to conclusion.
What are the grounds for divorce in Kenya?
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.
How long must you be married before getting a divorce?
The divorce process will end your marriage. You can only get a divorce if you’ve been married for at least one year. You might be able to get divorced without needing a solicitor or going to court if you and your ex-partner can agree you both want a divorce, and on the reason why.
What are the legal grounds for divorce in Kenya?
The following are the legal grounds for divorce in Kenya: Please note that for desertion, a spouse must have deserted the other without cause, for a period of at least 3 years preceding the petition for divorce. The address of the adulterer, specific dates and place of any alleged adultery should be included.
Can I legally dissolve my marriage in Kenya?
The Kenyan law permits married couples to dissolve their union, but it is a long, tiring and expensive process given the high fees charged by divorce lawyers. As such, make sure that the marriage cannot be salvaged in any other way before embarking down this road.
What are the grounds for divorce in family law?
Family Law – dissolution of marriage – divorce – grounds for grant of divorce – cruelty, adultery and desertion – claim where marriage has irretrievably broken down – conciliatory process – claim where the parties were no longer interested in conciliatory process – whether the divorce petition was merited – Marriage Act, section 66 (2), (6).
Is divorce allowed in Hindu Marriage?
Divorce in Hindu marriages is allowed when one party proves that there is irreversible damage to the marriage, the other spouse has deserted the petitioner for three years prior to filing the petition, conversion of the other party to a different religion, commission of adultery rape, sodomy and abuse by one party.
