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FAQ Divorce and Children’s Law

Uncontested Divorce in Kenya

By 5 Sep 2021No Comments

FAQ’s

Uncontested Divorce in Kenya

Can I get an Uncontested divorce in Kenya?

Yes, if by uncontested it means no cross petition is filed against you or your spouse does not controvert your petition for a divorce. This is also called a no-contest or undefended divorce, because your spouse does not challenge your grounds for seeking a divorce.

 Can I get an uncontested divorce if I have a Child?

Yes, you can. Divorce and Child custody suits are separate, meaning that the court will only pronounce itself on the divorce and if the Respondent does not countersue you and the court is satisfied, you will get the divorce decree. On the other hand, you will have to go to the Children’s court to deal with the legal issues of child custody and child support.

 Can I get a ‘No Fault’ divorce in Kenya?

No, this is not allowed in Kenya. One must present one of the several grounds for divorce under the various systems of marriage. This means that you must show that your spouse has committed a marital offence that forms one of the grounds for divorce.

Are the advocates at Koya & Co. Advocates ‘No Fault’ divorce lawyers?

Koya & Co. Advocates has divorce lawyers. Kenya only has divorce lawyers who handle uncontested divorces; no fault divorce lawyers are a misnomer in Kenya as divorce is always fault based.  

 Can I get an Uncontested divorce online?

No, this is not possible in Kenya as all divorces must be heard in court, meaning that the Petitioner shall be heard in court whether or not the Respondent appears to defend themselves. The extent of online divorce service is to file the papers online (Nairobi County).

What is the Cost of an uncontested divorce?

The fees that uncontested divorce attorneys charge varies among lawyers. My firm charges a minimum of KES 150,000 in legal fees for an uncontested divorce in Nairobi. Additionally, disbursements and court case fees amount to KES 50,000, thus totalling KES 200,000 for Nairobi matters.

What are the Steps in an uncontested divorce to obtain a Decree Absolute?

If you are confident that your spouse will not challenge your divorce petition i.e. the case will proceed uncontested, see below the steps to obtain the divorce decree:

  1. File a Petition and accompanying documents in the appropriate court, the magistrates’ court (in this instance). Uncontested divorce papers are the same as that of a contested divorce.
  2. Attach the appropriate documentary evidence to the petition including the marriage certificate.
  3. Once the registrar certifies that the divorce may proceed to hearing, seek a hearing date and appear in court to present your evidence
  4. Thereafter, if the court is satisfied it will proceed to pronounce a decree nisi (temporary decree) and some months later, this decree will be certified as a decree absolute.
  5. After the decree absolute is issued, your divorce shall be complete.

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