TILL DEATH DO US PART.....OR NOT

Divorce is the ultimate fear for many married couples, the issue is made worse by many religions that spread a till death do us part mentality however the question that most people have is how does that process look like?

Divorce, as legally defined, is the dissolution of a marriage by a competent court. The Marriage Act of 2014 outlines marriage as the voluntary union of a man and a woman. it recognizes the following types of marriages;

1. Christian marriage

2. Civil marriages

3. Customary law marriages

4. Hindu marriages

5. Marriages under Islamic law

The divorce process in Kenya is governed by the same act, which recognizes five min reasons for procuring a divorce namely;

1. Adultery

2. Cruelty

3. Desertion

4. Exceptional depravity by either party

5. The irretrievable breakdown of marriage

The initiation of every matrimonial cause involves the submission of a petition to the court.

This document outlines the grounds for divorce and the facts relied upon by the petitioner i.e the person wanting the divorce. The respondent is given a notice to appear and respond within 15 days. If uncontested after this period, the petitioner moves for a declaration, and the court proceeds to grant a decree.

If the respondent appears, the petition goes to an oral hearing. If the court decides to dissolve the marriage, it issues two decrees: a Decree Nisi (interim) and a final absolute Decree.

Cases can take up to two months but may extend due to court workload, witness cooperation, and coordination issues, leading to potential resolution delays of up to two years if not longer.

Previously, the Marriage Act of 2014 mandated a three-year waiting period for civil weddings before initiating divorce proceedings. However, on July 7, 2022, the Court of Appeal declared this provision unconstitutional, allowing couples to pursue divorce without the previous waiting period.

*The above does not constitute legal advice kindly reach out to us or your legal representative for advice applicable to you!