WHAT YOU NEED TO KNOW BEFORE GETTING A DIVORCE
Love is a beautiful thing. It shows us possibilities and gives us the hope of achieving the ‘happily ever after’ that so many people desire. Witnessing two people in love exchange their vows on their wedding day is always a marvelous sight. This moment embodies the hope that these two individuals will spend the rest of their lives together, and we wish this were the case for every marriage in the world.
However, no one enters marriage expecting that divorce will ever be a possibility. No one imagines that their marriage will fail. But life can be unpredictable, and circumstances may arise that make the marriage unbearable. We believe that everyone deserves to live a fulfilling life. Therefore, here are some important things you need to know: some of the legally accepted grounds for divorce.
Kenya, as a country, has a fault-based divorce system, which means that for two people to divorce, they must prove matrimonial faults on the part of the other person/spouse. These grounds are based on the type of marriage and how it is dissolved. Here are some legally accepted grounds for divorce:
1. ADULTERY
Adultery provides valid grounds for divorce as it is a breach of contract (marital vows) in terms of sexual context for marriages like civil, Christian, and customary marriages. Whereas, in Hindu marriages, if the other party has committed rape, bestiality, sodomy, or adultery dissolution is allowed.
2. DESERTION
If either party has been deserted for at least three years before the presentation of the divorce petition, dissolution can be done.
3. ABUSE or CRUELTY TO THE OTHER PARTY OR CHILDREN
Abuse, whether mentally, physically, or emotionally inflicted on the petitioner or the children by the other party is regarded as a ground for divorce in Kenya.
4. THE IRRETRIEVABLE BREAKDOWN OF THE MARRIAGE
This happens if the spouse has neglected the petitioner for two years or if the petitioner and the spouse have been separated for two years.
5. PRESUMPTION OF DEATH
If the other party of the spouse has been missing for seven years or more years and is assumed to be dead you can file for a divorce.
CONCLUSION
Remember every type of marriage has grounds for divorce which are recognized under THE MARRIAGE ACT. Before you apply for a divorce ensure you have an absolute reason. Additionally, feel free to contact us through the contacts provided in the website for any questions or legal advice. It is advisable to also seek legal representation to guide you through the divorce process.
