Grounds of Annulment of a Marriage in Kenya are strictly defined under Kenyan family law and apply only where a marriage is legally defective from the start. Unlike divorce, annulment does not end a valid marriage—it declares that no lawful marriage ever existed. Many spouses remain unaware of the specific legal grounds, court procedures, and […]
Foreign Marriage in Kenya raises critical legal questions when couples separate or seek divorce under Kenyan law. Many spouses are unsure whether a marriage celebrated abroad can be legally dissolved in Kenya, which courts have jurisdiction, and what procedures apply. Kenyan courts do recognize foreign marriages—but only if specific legal thresholds under the Marriage Act […]
Introduction The issue of whether a spouse can sue for alimony in Kenya, legally known as spousal maintenance, is one of the most frequently asked questions during divorce and separation. Many spouses assume that maintenance is automatic after divorce, but Kenyan law requires a careful examination of need, ability to pay, and the circumstances of […]
Introduction Prenuptial agreements (commonly called prenups) are contracts made between couples before marriage, outlining how assets, debts, and financial responsibilities will be handled during the marriage and in case of divorce, separation, or death. In Kenya, prenuptial agreements are increasingly used by high-net-worth individuals, business owners, foreign investors, and couples in blended families to protect […]
Introduction In Kenya’s dynamic legal and social landscape, married couples are increasingly seeking clarity and security regarding their property rights. One of the legal instruments gaining attention in this regard is the post-nuptial agreement—an agreement entered into by spouses after marriage, outlining how their property will be owned or divided. But are post-nuptial agreements recognized […]
Child custody and maintenance in Kenya disputes can be overwhelming, emotionally draining, and legally complex. Many parents struggle with unfair agreements, lack of clarity on their rights, and the fear of losing access to their children. If you’re facing such challenges, you’re not alone. At F.M Muteti & Company Advocates, our experienced family lawyers have […]
Introduction Primarily, sharing matrimonial property in Kenya is governed by the Constitution of Kenya 2010, the Matrimonial Property Act, the Marriage Act 2014 and all other relevant statutes as well as judicial precedents. Matrimonial simply means related to a marriage. Accordingly, what is matrimonial home? Section 2 of the Matrimonial Property Act defines matrimonial home […]
One of the prevalent questions among people whose marriages have collapsed shortly after their celebration is whether they can divorce before 3 years in Kenya. Section 66(1) of the Marriage Act 2014 (elsewhere ‘the Act’) is very express and provides that a party to civil marriage may not petition the court for the separation or […]
While differentiating between divorce and judicial separation may prove to be a legal oppugn here at F.M Muteti & Company Advocates we help you navigate through. As divorce legally and totally terminates a marriage completely, judicial separation on the other hand doesn’t. It gives parties time and break to either reconcile or capitalize on totally […]
Annulment of Marriage in Kenya? Understand the legal procedure and process. This guide outlines the steps involved in annulment in Kenya. Expert legal advice available. Book Appointment Now! Introduction The word annulment is derived from the word null. The Black’s Law dictionary defines null to mean something that is ineffectual, nugatory, having no legal force […]