Sharing Property on divorce in Kenya-court makes new ruling

Law firms in Nairobi

Highs court of Kenya on Monday,14,2018 made a new ruling concerning sharing of property gained during marriage time in the event of a divorce among couples.

The High court ruled that married partners will only be enlisted to shares that each contributed during marriage period and not on the old 50/50 tradition in division in the event of a divorce.

The ruling implies that couples will only divide what would have amounted during their marriage, and not jointly split in the middle, all property owned by the partners.

This new ruling comes after a series of controversies, in which many of the divorcees, usually demand sharing of  ‘all’ the assets, which may not have basically been gotten during their time as couples.

Kenyan Courts have settled disputes between couples over the sharing of matrimonial property after the termination of their marriages. Others choose not to go to courts for divorce process, citing to lack clarity on the marriage law.

Previously courts have been basing their judgements on archaic law, that was enacted in England in 1882 and taken in Kenya as a statute of general application.

A lobby group, Fida Kenya, has threatened to appeal to court to demand a 50-50 division of property in case of a marriage termination.

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