Introduction
Divorce proceedings in Kenya can be emotionally and legally complex. Understanding your rights and obligations is crucial for protecting your interests and ensuring a fair outcome. This guide provides essential information about divorce law in Kenya under the Marriage Act 2014.
Grounds for Divorce in Kenya
The Marriage Act 2014 recognizes several grounds for divorce, including:
- Adultery by either spouse
- Cruelty (physical or mental)
- Desertion for at least three years
- Imprisonment for life or more than seven years
- Incurable mental illness
- Irreconcilable differences
Property Division Rights
Under Kenyan law, matrimonial property is divided based on the contribution of each spouse, whether monetary or non-monetary. The court considers factors such as:
- Financial contributions to the acquisition of property
- Non-financial contributions (homemaking, childcare)
- Duration of the marriage
- Needs of dependent children
Child Custody and Maintenance
The Children Act 2001 prioritizes the best interests of the child in custody decisions. Both parents have equal rights to custody, and the court considers factors such as the child's welfare, emotional needs, and the ability of each parent to provide care.
Seeking Legal Representation
Given the complexity of divorce proceedings, it's essential to seek qualified legal representation. An experienced family law advocate can help protect your rights and guide you through the process.