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Legal process for divorce in Kenya
What is the legal process for divorce in Kenya, including the grounds for divorce, the steps involved in filing for divorce and the division of assets and liabilities.
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Winfred
said:
The divorce process is governed by the Marriage Act of 2014. A spouse can file for divorce based on the following grounds; adultery, cruelty, desertion and irretrievable breakdown of marriage. One has to prove beyond reasonable doubt that their spouse committed either of the mentioned grounds. The divorce process starts with the filing of a divorce petition to the chief magistrate's court. The petition sets out the grounds for divorce and the facts the petitioner relies on to establish these grounds.
Petition
The petition is filed together with a Notice directing the respondent to appear and answer to the petition 15 days.
Hearing.
Once the respondent files a defense, the case is set down for hearing. Parties will give oral testimony in court and may be cross-examined by the other party or their advocate .Parties will then be allowed to file any submissions if they wish and a date set out for judgment.
Decree Nisi.
If the court finds sufficient grounds for divorce, the marriage is dissolved. The court will then issue a Decree Nisi, which is a temporary order that shows the grounds for divorce have been established and allows time for anyone to give reasons why the marriage should not be dissolved.Once the duration for the Decree Nisi lapses,a Decree absolute is issued.
Decree Absolute.
It is the final stage of the divorce and it means that marriage has been dissolved.
Other issues that may be determined are; custody and maintenance of the children of the marriage, maintenance of one spouse by the other, division of matrimonial property and the cost of the case.
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