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FAQ Divorce and Children’s Law

Amicable/Simple Divorce in Kenya

By 5 Sep 2021No Comments

FAQ’s

Amicable/Simple Divorce in Kenya

What is an Amicable divorce?

An amicable divorce can mean one of 3 things:

  1. That the parties in the divorce case are not antagonistic to each other and are not disputing the petition filed by the person seeking the divorce.
  2. That the parties are agreed on the split of matrimonial assets and child custody and are willing to enter a settlement agreement sanctioned by the court on either of these issues.
  3. That the parties have agreed to divorce and neither is claiming wrongdoing on the part of the other (as explained under ‘no fault divorce’, this imputation is wrong and parties must show grounds for divorce on the part of either the petitioner or the respondent.)

Can I enter into a Divorce Agreement?

It depends. You cannot enter into an agreement with your spouse to divorce without grounds for divorce. This means that there cannot be a faultless divorce.

However, you can enter into an agreement regarding the split of matrimonial property as well as the split in child custody and parental responsibility for any children you have. You can also enter an agreement on spousal/maintenance support and the division of marital property.

What is a Simple/Quick divorce and how do I get one?

 A simple or quick divorce in the Kenyan context is a divorce with fewer procedural mountains to climb, for instance: neither party is claiming spousal support from the other; the petition for divorce is not challenged by the Respondent; the respondent does not file a cross-petition accusing you of marital offences; there are no children of the marriage or the children are adults and there is no custody issues to determine ; the respondent fails to respond meaning that there is an uncontested divorce without child custody or child support issues. In summary an easy divorce is an undefended one.

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