A Practical Guide to Your Rights During Divorce in Kenya

Divorce is a legally defined process governed by several Kenyan laws, including the Matrimonial Property Act, the Marriage Act, and the Children's Act. It's important to understand that divorce doesn't automatically mean one spouse loses everything or that one spouse benefits unfairly. The law aims to ensure a fair and transparent process. Here's a breakdown of your key rights:

1. Right to Maintenance (Alimony):

Spousal maintenance, or alimony, is financial support one spouse may be ordered to pay to the other. A court may order maintenance if one spouse genuinely needs financial support, taking into account factors like income, standard of living during the marriage, length of the marriage, contributions to the marriage, and each spouse's financial holdings.

Why you need a lawyer:  Determining whether you're entitled to maintenance, or whether you might be required to pay it, requires a careful analysis of your financial situation and the relevant legal factors. A lawyer can help you assess your eligibility, calculate a fair amount of maintenance, and negotiate or litigate the issue in court. We can also ensure that any maintenance order is enforceable.

2. Custody and Child Support:

Both parents have responsibilities towards their children. Child custody and support arrangements are typically handled through the courts to protect the children's well-being. Court orders regarding custody and support are legally binding, and failure to comply can have consequences.

Why you need a lawyer:  Child custody and support are often the most contentious aspects of divorce. A lawyer can help you navigate the legal process, advocate for your children's best interests, and negotiate a parenting plan that works for your family. We can also help you establish or modify child support orders based on each parent's income and the children's needs.

3. Right to Matrimonial Property:

Matrimonial property includes the family home, household goods, and any other movable or immovable property acquired jointly during the marriage. Ownership is determined by each spouse's contribution towards acquiring the property. This contribution can be direct (financial) or indirect (contributions to the improvement of the property). Your share of the property will be determined by your contribution.

Why you need a lawyer: Determining what constitutes "matrimonial property" and assessing each spouse's contribution can be complex. A lawyer can help you identify and document all relevant assets, gather evidence of your contributions (both financial and non-financial), and argue for a fair division of property based on your specific circumstances.

4. Right to Personal Property:

Marriage doesn't affect ownership of property you owned before the marriage or property you acquired during the marriage without any contribution from your spouse. This property remains yours to acquire, hold, and dispose of as you see fit, without needing your spouse's consent.

Why you need a lawyer:  Clearly distinguishing between matrimonial property and personal property is crucial. A lawyer can help you protect your individual assets by documenting their ownership and ensuring they are not included in the division of matrimonial property.

5. Right to Legal Representation:

You have the right to hire a lawyer to represent you throughout the divorce proceedings. This is essential to protect your rights and ensure a fair outcome.

Why you need a lawyer:  Divorce involves complex legal procedures and negotiations. A lawyer can guide you through the process, explain your rights and obligations, and advocate for your best interests. We can also help you understand the implications of any agreements you make with your spouse.

5. Protection from Domestic Violence:

Divorce can unfortunately lead to heightened tensions and even domestic violence. If you feel your safety is threatened, you have the right to seek a court order restraining your spouse from any acts of violence or harassment.

Why you need a lawyer:  Domestic violence is a serious matter. A lawyer can help you obtain a protection order quickly and effectively, ensuring your safety and that of your children.

In Conclusion:

Divorce comes with specific rights designed to ensure fairness and equity. Each case is unique, and the grounds for divorce and the value of matrimonial property will vary. These rights prioritize the well-being of children and the financial security of both spouses. It is highly recommended to seek legal counsel to understand your rights fully and navigate the divorce process effectively. We can provide invaluable assistance in protecting your interests and achieving a just and equitable outcome.

Reach out to us today on achieng@aga-advocates.com for a free consultation to discuss your options.

Important Note: This information is provided as a general overview and does not constitute legal advice to you. To get advice that is tailored to your specific situation and learn more, please contact us.