Family Law – Mwangi Kiai Advocates LLP
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Family Law

Divorce

DIVORCE

Divorce is the legal dissolution of a marriage by a court of law or other competent body. At Mwangi Kiai LLP, we have a qualified team of Advocates in matters of Family Law and Divorce. After a couple has gone through all the other alternative ways of salvaging their marriage like, counselling and mediation, with no success, that is where we come in.

The Marriage Act provides for dissolution of a Christian marriage. It provides that a party that celebrated their marriage under the Christian Marriage may not petition for dissolution of the said marriage before the lapse of 3years.  Divorce in Kenya is Fault-based. This means that the law in Kenya allows dissolution of marriage if the person asking for the divorce proves that their spouse committed a matrimonial offence.

Grounds for Divorce.

  • Adultery by the other spouse;
  • Cruelty by the other spouse.
  • Exceptional depravity by the other spouse.
  • Desertion of the other spouse for at least 3 years
  • The irretrievable breakdown of the marriage.

The Kenyan divorce process is straightforward and uncomplicated. Thus, with all factors remaining constant, the process should take a maximum of three months.

The court gives two decrees in the process of a divorce proceeding.

  • Decree Nisi.  This an order by a court of law stating the date on which a marriage will end unless a good reason not to grant a divorce is produced.
  • Decree Absolute. It is a decree by court of law’s final order officially ending a marriage, enabling either party to remarry.

Divorce can be a painful and tiresome journey, and that is why here at Mwangi Kiai we strive to ensure that we give our clients a very peaceful process of divorce. Our group of Advocates are always ready to listen and advice you accordingly because each case is always unique and special to us.

 

Reach out to us.

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