Divorce is stressful, therefore understanding the law is crucial. Kenyan divorce is governed by the Marriage Act No. 4 of 2014. This detailed handbook will address the following divorce issues: What is divorce? What reasons exist in Kenya for divorce? Finally, what is the exact process for getting a divorce?
What is Divorce?
The Marriage Act does not define divorce, but Black’s Law Dictionary describes it as a court-ordered separation. The legal process ends a marriage forever.
Grounds for Dissolution of Marriage in Kenya
Kenya does not allow consent divorce. Instead, the petitioner must prove one Marriage Act 2014 basis before the court. These grounds include:
- Adultery: Committing one or more acts of adultery by the other party.
- The opposite party may inflict mental or physical violence on the petitioner or children.
- Desertion: One party leaves the other for at least three years.
- Exceptional Depravity: Demonstrated by either party.
- Irretrievable Breakdown: Adultery, abuse, deliberate neglect, desertion, incarceration, incurable insanity, or other court-approved causes.
Procedure for Divorce in Kenya
Step 1: Preparing the Divorce Petition
- The petitioner, the party seeking the divorce, initiates the process by preparing a divorce petition outlining grounds and supporting facts.
- Filed with a Verifying Affidavit, a Notice to Appear, a List of Witnesses and their statements, and a List of Documents for reliance.
Step 2: Serving the Respondent
- The filed petition and related documents are served on the respondent, the party against whom the divorce is sought.
- The respondent can either contest or not contest the divorce.
Step 3: Requesting a Hearing Certificate
- After filing, the petitioner requests the court to issue a certificate, allowing the case to move to the hearing stage.
- The court assesses readiness and, if satisfied, grants the certificate and sets a hearing date.
Step 4: The Hearing
- Both parties present their facts and evidence during the court hearing.
- The court evaluates the case and issues a judgment.
Step 5: Decree Nisi and Decree Absolute
- If the court finds sufficient grounds for divorce, it issues a Decree Nisi, a temporary order lasting 30 days.
- After this period, if both parties still desire the divorce, the court issues a Decree Absolute, the final decree of divorce.
Conclusion
After the Decree Absolute dissolves the marriage, the parties can remarry. Remember that this is educational counsel, not legal advice. Please use the channels we have established to reach us with specific questions or for legal help.
Disclaimer
This page provides information, not legal advice. For personalized legal help, contact one of our partners or schedule an appointment on our website.
