Divorce is a sensitive but important legal process. In Kenya, the grounds for divorce are clearly outlined in the Marriage Act, 2014, which governs all marriages, whether civil, Christian, Hindu, Islamic, or customary. If you’re considering ending a marriage or simply want to understand your rights, this article explains the legal grounds for divorce in Kenya as per the current law.
Understanding the Marriage Act in Kenya
The Marriage Act, 2014 brought all types of marriages under a single legal framework. It recognizes five types of marriages:
- Civil marriages
- Christian marriages
- Customary marriages
- Hindu marriages
- Islamic marriages
Each type has its own procedures for divorce, but most follow similar principles regarding the grounds for dissolution.
Legal Grounds for Divorce in Kenya
The Marriage Act outlines several key grounds upon which a spouse can file for divorce. These include:
1. Adultery
If one spouse engages in a sexual relationship outside the marriage without the consent of the other, it qualifies as adultery. This is a common reason cited in divorce petitions.
2. Cruelty (Physical or Mental)
Cruel treatment can include emotional abuse, physical violence, insults, threats, or any behavior that makes it unbearable for the other spouse to continue living in the marriage.
3. Desertion
If a spouse leaves the other without consent or justification for a continuous period of at least three years, the deserted spouse can apply for divorce.
4. Exceptional Depravity
This refers to morally offensive behavior, such as repeated drunkenness, addiction, or extreme immorality that makes the marriage intolerable.
5. Irretrievable Breakdown of the Marriage
This is a general ground that covers situations where the marriage has completely broken down and there’s no hope of reconciliation. Courts typically use this when multiple issues have led to the collapse of the relationship.
🔎 Note: For Islamic marriages, the grounds for divorce follow the rules of Islamic law, which are recognized by the Kenyan Constitution.
When Can You File for Divorce?
Under the law, you can only file for divorce after three years of marriage, unless there are exceptional circumstances such as severe abuse. This requirement helps avoid hasty decisions and gives couples time to attempt reconciliation.
Where to File for Divorce in Kenya
Divorce petitions are filed at the High Court or Magistrate’s Court (depending on the type of marriage and jurisdiction). It’s highly recommended to consult a lawyer or family law expert to guide you through the process.
Custody, Property, and Alimony
During the divorce process, the court may also address:
- Custody of children
- Division of matrimonial property
- Spousal maintenance or alimony
Each of these is handled based on the specific facts of the case and in line with the Matrimonial Property Act and the Children’s Act.
Final Thoughts
Divorce can be emotionally draining, but knowing your rights and understanding the legal process can help you make informed decisions. Whether you’re dealing with infidelity, cruelty, or irreconcilable differences, the Marriage Act offers clear legal grounds for seeking divorce in Kenya.