Frequently Asked Questions (FAQs) about divorce in Kenya
Introduction
Divorce in Kenya is a significant legal process that often raises many questions and concerns. Whether you’re wondering about the legal grounds, the step-by-step procedure, costs involved, or issues like child custody, understanding the process is essential. In this blog, we address frequently asked questions about divorce in Kenya to provide you with clear and reliable insights. Let’s demystify the complexities and guide you toward informed decision-making.
What are the grounds for divorce in Kenya?
Under the Marriage Act, of 2014, a divorce can be granted on the following grounds; Adultery by either spouse, cruelty, whether physical or emotional, desertion for a continuous period of at least three years, irretrievable breakdown of the marriage, and exceptional depravity.
How long does a divorce process take in Kenya?
Divorce processes are supposed to take a maximum of two months to be resolved based on the information provided herein.
What is the difference between a contested and an uncontested divorce?
A contested divorce is when one spouse does not agree to the divorce or disputes the terms like custody, maintenance, property division, etc. The court will hear both sides and make a decision.
An uncontested divorce, on the other hand, is where both spouses agree to the divorce and the terms involved, making the process quicker and less costly.
What are the documents that are required when filing for a divorce in Kenya?
To file for a divorce, the following documents are generally required; Divorce petition, verifying affidavit, witness statements, list of witnesses and supporting documents as evidence, marriage certificate, and notice to appear.
What happens to children during a divorce in Kenya?
The Court prioritizes the best interests of the children when determining custody and visitation rights. Parental responsibility is generally shared between both parents unless there is evidence that one parent is unfit. The Court also determines child support obligations based on the needs of the children and the financial capabilities of the parents.
How is property divided in a divorce?
Property acquired during the marriage is typically considered matrimonial property and can be divided between the spouses. The Court considers each spouse’s contribution (whether financial or non–financial) when deciding on the division.
Can spousal maintenance be granted?
Yes. Spousal maintenance (also known as alimony) can be granted in a divorce. The court may order one spouse to support the other, based on factors such as the financial situation of both parties, the duration of the marriage, and the standard of living during the marriage. Maintenance can be temporary or permanent, depending on the circumstances.
What is a decree nisi and a decree absolute?
A decree nisi is a provisional order issued by the court after it finds sufficient grounds for divorce. The divorce is not yet finalized at this stage, and the couple remains legally married. After 30 days (to allow for reconciliation or any objections), the court can issue a decree absolute, which is the final order that officially dissolves the marriage.
Can I remarry immediately after the divorce in Kenya?
You can only remarry after the court issues the Decree Absolute, which legally finalizes the divorce. The Decree Nisi is not enough to allow remarriage; you must wait until the final decree is granted.
Can I represent myself in a divorce case?
Yes, it is possible to represent yourself in a divorce case, especially if the divorce is uncontested. However, divorce cases often involve complex legal issues such as property division, custody, and support. Having a lawyer represent you ensures that your rights are protected throughout the process.
Are there alternatives to divorce in Kenya?
Yes. Before opting for divorce, couples can explore alternatives such as marriage counseling, mediation, or separation agreements. These methods can help resolve conflicts and, in some cases, allow couples to reconcile without dissolving the marriage.
Where can I file for divorce in Kenya?
A divorce petition can be filed in Kenya through the Magistrates’ Court.
Can the decision of the Court in a divorce case be appealed?
Yes. If one party is dissatisfied with the ruling of the court in a divorce case, they can appeal the decision to a higher court. However, appeals must be based on legal grounds, such as a mistake in the application of the law or a failure to consider critical evidence.
“The information provided in this article is intended for general legal advice and does not constitute legal advice for any specific transaction or case. Since each transaction presents a unique legal context, it is advisable to retain a family law adviser for specific transactions.”
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