Separation and divorce in Kenya.

Separation and divorce are legal in Kenya, and are governed by the Marriage Act of 2014, which replaced the previous Marriage Act of 1971. Here are some key points to remember:

  • Divorce grounds:

Under the Marriage Act, a person may seek a divorce only on specific grounds, such as adultery, cruelty, desertion, or irretrievable breakdown of the marriage.
Couples who want to separate but not divorce can do so through a written agreement or a court order. Spouses are still legally married during a separation, but they live apart and may make arrangements for child custody, property division, and financial support.

  • Mediation:

Before filing for divorce, the parties may be required to try to settle their differences through mediation. This is intended to assist the parties in reaching a mutually satisfactory agreement without having to go to court.

  • Property division:

Property acquired during a marriage is considered joint property in Kenya, and the court will divide it between the spouses in a just and equitable manner. The court may consider factors such as the length of the marriage, each spouse’s contribution, and the needs of any children involved.

  • Custody and support:

When it comes to child custody and support, the court will consider the child’s best interests. Both parents are legally required to support their children financially, and the court may order one parent to pay child support to the other.

  • Divorce procedure:

The divorce procedure in Kenya entails filing a petition in court, serving the petition on the other party, and attending court hearings. If the court determines that the marriage has irretrievably broken down, it may grant a divorce decree.

It’s important to remember that divorce and separation can be emotionally and financially draining, so seek legal counsel before making any decisions.

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