In Kenya, the process of dissolving a marriage follows specific legal procedures as outlined in the Marriage Act, 2014. While it can be complex and time-consuming, understanding the steps involved can help smooth the process.
1. Filing the divorce petition.
The first step in initiating a divorce is the filing of a petition. Here the petitioner will prepare the divorce petition for the dissolution of the marriage and attach the divorce papers as discussed above.
If the petitioner is represented by an advocate, they will handle the preparation and submission of these documents to the Court. The advocate will also prepare a notice to appear, requiring the respondent (the other spouse) to indicate within 14 days, whether or not they contest the divorce.
2. Response by the Respondent
Once served with the divorce petition, the Respondent has 14 days to file their response. They may then choose to either agree to the divorce or contest the grounds for divorce by filing a defense.
If the respondent does not respond within the required time, the court may proceed with the case based solely on the petitioner’s evidence.
3. Issuance of Registrar’s Certificate
After the petition is filed and responses (if any) are submitted, the next step is for the petitioner’s lawyer to request the Court to issue a Registrar’s Certificate. This certificate indicates that the case is ready for a hearing and that the Court has reviewed the pleadings.
4. The Hearing
The hearing typically occurs 14 days after the issuance of the Registrar’s Certificate. During the hearing, both parties are required to present their evidence and call their witnesses to support their cases. The petitioner must provide evidence showing that the marriage has irretrievably broken down, while the respondent may seek to refute these claims.
5. Judgement and Decree Nissi
Once the hearing is complete, the court will set a judgment date, typically within 21 days. During judgment, the Court will decide whether sufficient grounds exist for the divorce. If the Court is satisfied, it will issue a Decree Nissi which is the first stage in the dissolution of the marriage. This decree signifies that the Court has granted the divorce but allows a 30-day window for either party to reconsider their decision or raise objections.
6. Decree Absolute
If no objections are raised within 30 days, the petitioner may request the Court to issue a Decree Absolute, which finalizes the divorce and officially dissolve the marriage. The Decree Absolute is the final legal document that confirms the end of the marital relationship.
In conclusion, filing for divorce in Kenya requires family law expert guidance and adherence to set procedures to ensure a fair, efficient, and lawful dissolution of marriage.
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