Expertise
Family Law & Matrimonial Services in Kenya
We prioritize amicable resolutions through negotiation and mediation, but we are also prepared to provide robust representation in court when necessary. Our goal is to simplify the legal process, allowing you to focus on your emotional well-being and that of your family.
Key Legal Services in Family Law
Our firm offers a comprehensive suite of services that address a wide range of family-related issues, ensuring you receive the specific guidance you need at every stage.
1. Divorce and Separation
Divorce is the legal dissolution of a marriage. In Kenya, the Marriage Act, 2014, provides several legal grounds for divorce, including:
- Adultery: When one spouse engages in voluntary sexual intercourse with someone who is not their legal spouse.
- Cruelty: This can be physical or mental cruelty that makes it unsafe or unbearable for the other party to continue living in the marriage.
- Desertion: When a spouse willfully leaves the matrimonial home for a period of at least three years immediately preceding the filing of the divorce petition.
- Irretrievable breakdown of the marriage: This is a broad ground that covers situations where the marriage cannot be saved.
We provide compassionate guidance throughout the divorce process, from filing the initial petition to negotiating settlements and representing you in court.
2. Division of Matrimonial Property
The division of property upon divorce is a critical aspect of family law. The Matrimonial Property Act, 2013, dictates that ownership of matrimonial property vests in the spouses according to each spouse's contribution toward its acquisition.
It's important to note that contribution is not limited to monetary input. The law recognizes non-monetary contributions, which include:
- Domestic work and management of the matrimonial home.
- Child care.
- Companionship and emotional support.
- Management of family business or property.
We can help you gather evidence to prove your contribution and secure a fair share of the matrimonial property.
3. Child Custody, Maintenance, and Parental Responsibility
The welfare of the child is the paramount consideration in any legal matter concerning children. The Children Act, 2022, establishes the legal framework for child custody and maintenance.
- Parental Responsibility: Both the mother and father have equal parental responsibility, regardless of whether they were married to each other.
- Child Custody: A court can grant sole physical custody or a joint custody arrangement based on the best interests of the child.
- Child Maintenance: Both parents are legally obligated to contribute to the financial support of their child.
We advocate for your rights as a parent while ensuring that the child's emotional, physical, and educational needs are met.
4. Other Family Law Services
- Marriage Agreements (Pre-nuptial & Post-nuptial): We draft legally sound agreements that clarify the rights and responsibilities of each spouse.
- Adoption: We provide legal support for the adoption process, guiding you through the requirements of the Children Act.
- Change of Name: We assist with the legal process of changing a person's name for both adults and minors.
Frequently Asked Questions
In Kenya, the Marriage Act, 2014 outlines the legal grounds for divorce. The most common grounds include adultery, cruelty (physical or mental), desertion for at least two years, or an irretrievable breakdown of the marriage.
The specific grounds and legal procedures can vary slightly depending on the type of marriage (civil, Christian, Islamic, or customary). The court will require proof of one of these grounds before a divorce can be granted.
Bringing Clarity and Compassion to Family Law
When personal matters become legal matters, you deserve trusted, compassionate guidance.
