Family Law
Includes Family law of ‘marriage of succession and inheritance. It deals with how people enter into marital contract as per the Law of Marriage Act of 1971. Law of succession.
We are well known for our delivery of legal services in matrimonial disputes. Children’s matters and succession matters.
We have also embraced Mediation as a tool for dispute resolution. And are accredited by the Judiciary for Court Annexed Mediation.
Over the years we have built a solid reputation and are well known. For our integrity and contributing to improved access to justice for clients.
Family law places responsibility on both parents to ensure a child’s needs are met. Both the mother and father of a child have joint responsibility to care and provide for the child’s. Physical, emotional and financial needs.
Child Custody
We believe that every parent has a right to enjoy quality time with their children. And also participate in their upbringing and decision making. Therefore, we assist our clients in making the decision that is in the best interest of the children.
Domestic Disputes
Alongside the family matters we practice in we are able to assist our client in any conveyancing that they require
Divorce Mediation
With our immense experience in this area we are able to help clients navigate this process
THE GROUNDS AND PROCESS OF DIVORCE
- Adultery
One spouse engaging in sexual relations with someone other than their spouse is considered adultery.
Adultery is a commonly cited ground for divorce in Kenya, and it is essential to provide evidence to substantiate the claim.
- Cruelty
If one spouse subjects the other to physical or mental cruelty or harassment, it can be considered grounds for divorce.
Cruelty may include physical violence. Emotional abuse, or any behavior that endangers the well-being of the other spouse.
- Desertion
Desertion occurs when one spouse abandons the other without reasonable cause for at least three years.
The deserted spouse can file for divorce on the grounds of desertion.
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Long Separation
If a couple has lived apart for at least four years and can demonstrate. That they have been living separate and independent lives during this period, it can be grounds for divorce.
This separation must be voluntary, and both spouses should be in agreement that the marriage has broken down irretrievably.
- Incurable Insanity
If one spouse has been declared in-curably in-sane by a qualified medical practitioner and has been in such a condition. For at least five years, it can be grounds for divorce.
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Venereal Disease
If one spouse has a venereal disease that is both incurable and communicable. And the other spouse was unaware of the disease at the time of marriage, it can be grounds for divorce.
- Impotence
If one spouse is impotent and unable to consummate the marriage. This fact was not known to the other spouse before marriage, it can be grounds for divorce.
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Presumption of Death
If one spouse has been missing for seven years or more, and there is a presumption of their death. The other spouse can seek a divorce.
- Non-Compliance with Court Orders
Failure to comply with a court order regarding maintenance. Custody, or any other court-issued directives can also be a ground for divorce.
Family law and divorce
Legislation should guarantee equal rights to enter into marriage. Equal rights to choose a spouse and enter into marriage only with the free and full consent of both parties, and; equal rights.
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