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Divorce. Child Custody. Matrimonial Property. Maintenance. Succession & Inheritance.
Marriages end. Families fracture. Children get caught in the middle. Spouses hide assets. Parents deny access. Estates are contested. When your family situation becomes a legal crisis, you need a lawyer who combines courtroom skill with the discretion that family matters demand. F.M. Muteti & Co. Advocates are Kenya's trusted family & divorce lawyers — handling divorce proceedings, child custody disputes, matrimonial property division, maintenance claims, adoption, succession and domestic violence protection across Nairobi, Mombasa and nationwide. 20+ years. 1,110+ Google reviews. Two offices.
Speak to our family lawyers today. We'll protect your rights, your children's welfare and your share of matrimonial property — with the discretion your situation demands.
📋 Book Your Consultation → 📞 Call Now: +254 769 554 444 WhatsApp Us Directly🔒 Attorney-client privilege applies from first contact.
Divorce petitions served without warning. Children taken across county lines. Matrimonial property transferred into third-party names. Maintenance obligations ignored. Wills contested by relatives you barely know. In Kenya's family courts, the spouse or parent who acts first — and with the right lawyer — almost always has the advantage.
Your marriage is over — but the financial consequences are just beginning. One spouse is hiding assets, transferring property to relatives, draining joint accounts or understating income to reduce your share. Under Kenya's Matrimonial Property Act 2013, you're entitled to a share proportional to your contribution — monetary and non-monetary. But proving that contribution, tracing hidden assets and enforcing court orders requires aggressive legal action from day one. Without a family lawyer, you risk losing property you helped build over years or decades.
Your children are being kept from you. Your ex won't follow the custody arrangement. Access visits are blocked, cancelled or used as leverage. Or worse — your children have been relocated without your consent. Under the Children Act 2022, the court decides custody based on the best interests of the child — but the parent who files first and demonstrates stability, involvement and a plan often has the stronger position. Every day you wait is a day your relationship with your child is undermined.
A family member has died — and now the estate is under siege. Siblings are fighting over the will. An administrator is mismanaging the estate. Property is being sold before distribution. Dependants have been left out entirely. Under the Law of Succession Act, surviving spouses, children and dependants have legal rights to the estate — but those rights must be asserted through the court. Fraudulent grants, forged wills and administrator misconduct are common in Kenya. Without a succession lawyer, your inheritance is at risk.
We handle all types of divorce under the Marriage Act 2014 — contested and uncontested divorces, judicial separation, annulment and presumption of death applications. For contested divorces, we file and defend petitions based on adultery, cruelty, desertion, exceptional depravity or irretrievable breakdown of marriage. For uncontested divorces, we negotiate terms, draft consent agreements covering property, custody and maintenance, and guide you through to the decree absolute. We also handle cross-petitions and counterclaims where both parties seek divorce on different grounds.
Under the Matrimonial Property Act 2013, each spouse is entitled to a share of matrimonial property proportional to their contribution — both monetary (income, mortgage payments, business capital) and non-monetary (childcare, domestic management, unpaid family labour). We handle asset identification and valuation, tracing of hidden or dissipated assets, applications for injunctions to prevent property disposal during divorce, and court applications for division orders. We act for spouses in high-value divorces involving real estate, businesses, investments, foreign assets and pension rights, ensuring your contribution is fully recognised and compensated.
We represent parents in custody disputes under the Children Act 2022. This includes sole custody, joint custody, shared parenting arrangements, access schedules (visitation), relocation applications (moving a child to another county or country), and guardianship orders for orphaned children or where parents are incapacitated. The court's primary consideration is the best interests of the child — we prepare detailed affidavits, parenting plans and welfare reports to demonstrate your capacity and commitment. We also handle emergency custody applications where a child is at immediate risk.
We file and enforce maintenance claims for children and spouses under the Children Act and the Marriage Act. For children, we secure orders covering education fees, medical expenses, housing, food, clothing and extracurricular needs — proportional to the paying parent's means. For spouses, we pursue maintenance pendente lite (during proceedings) and post-divorce maintenance where warranted. We also handle enforcement of existing maintenance orders — including committal to civil jail for wilful non-compliance, attachment of earnings orders, and tracing of income where a parent is deliberately avoiding payment.
Under the Protection Against Domestic Violence Act 2015, we obtain emergency protection orders, occupation orders and non-molestation orders for victims of physical, sexual, psychological and economic abuse. We file applications at the Magistrate's Court on an urgent basis — often within 24 hours. Protection orders can exclude the abuser from the matrimonial home, prohibit contact, require surrender of weapons and grant temporary custody. We work with law enforcement and support organisations to ensure client safety while building the legal case for long-term protection.
We handle local and inter-country adoptions under the Children Act 2022. This includes filing adoption applications at the Children's Court, coordinating with the Adoption Society of Kenya and the National Council for Children's Services, home study assessments, consent requirements from biological parents, and post-adoption registration at the Registrar of Births and Deaths. We also advise on parental responsibility agreements for unmarried parents, step-parent adoption orders and declarations of parentage. For inter-country adoptions, we ensure compliance with both Kenyan law and the receiving country's requirements.
We handle all succession matters under the Law of Succession Act — obtaining grants of probate (where there's a will) and letters of administration (intestate estates), confirmation of grants, distribution of assets, and transfer of property to beneficiaries. We also draft wills, codicils, testamentary trusts and powers of attorney. Where disputes arise, we litigate contested wills, challenge fraudulent grants, apply for revocation of grants where administrators are mismanaging estates, and represent dependants who have been unfairly excluded from the estate. We handle both Muslim and civil law succession.
We draft and advise on pre-nuptial and post-nuptial agreements — documenting how property, assets, businesses and debts will be divided in the event of separation or divorce. While Kenyan courts have discretion to vary pre-nuptial terms, a properly drafted agreement provides strong evidential value. We also advise unmarried cohabiting partners on property rights, joint ownership structures, cohabitation agreements and the legal position on separation — particularly where children are involved. For couples in customary or religious marriages, we clarify registration obligations and their impact on property and succession rights.
"In family law, the parent who acts first and the spouse who documents everything almost always has the stronger case."
A structured, discreet process. We assess your situation, develop a legal strategy, file the right applications and fight for the outcome your family needs.
Confidential assessment of your situation — marriage, children, property, urgency. We explain your legal rights and realistic options under Kenyan law.
We develop a case plan — identifying the right court, the strongest grounds, the evidence needed and any urgent applications required.
We draft and file petitions, responses, affidavits and applications — then serve the other party in compliance with court rules.
We pursue settlement through negotiation or mediation where appropriate — but when the other side won't agree to fair terms, we take the matter to trial.
We secure the court orders — divorce decree, custody arrangement, property division, maintenance — and enforce compliance.
"Family cases are won on preparation, evidence and timing. We treat every case like the client's entire future depends on the outcome — because it usually does."
— F.M. Muteti & Co. Advocates
From divorce petitions to succession disputes — we handle every family law matter with the urgency, discretion and courtroom skill your situation demands.
Family matters require confidentiality. Every consultation, communication and court strategy is handled with complete discretion.
Emergency custody orders, protection orders and asset freezing injunctions — filed within 24–48 hours when circumstances demand.
We negotiate where possible and litigate where necessary. You get a lawyer who's equally effective at the negotiating table and in court.
Clear, upfront fee structure before engagement. No hidden charges. You know exactly what your case will cost before we begin.
Embassy House Nairobi and TSS Tower Mombasa — walk-in service Monday to Friday for in-person consultations.
Every advocate is registered with the Law Society of Kenya, operating under the highest professional and ethical standards.
"After years of an abusive marriage, I filed for divorce. My husband hid business assets and tried to deny me any share. FM Law traced the hidden property, obtained an injunction blocking the transfers and secured a 50% share of the matrimonial assets — including the family home and his share of a commercial building. They fought for every shilling."
"My ex-wife moved to Mombasa with our two children without my consent and blocked all access. FM Muteti filed an urgent custody application, obtained shared custody and a structured access schedule within 3 weeks. I now see my children every other weekend and half of school holidays. They handled a painful situation with professionalism and speed."
"My late father's brother obtained a fraudulent grant of letters of administration and was selling family land. FM Law challenged the grant, had it revoked by the court and secured a fresh grant naming the rightful administrators — my mother and eldest brother. The property was saved. If we'd waited another month, it would have been gone."
Clear answers to the questions clients ask most about divorce, custody, matrimonial property, maintenance and succession in Kenya. For case-specific advice, speak directly with our family lawyers.
Book a Consultation →Prefer to call us directly?
📞 +254 769 554 444 — Call NowUnder the Marriage Act 2014, a court may grant a divorce on the following grounds: adultery, cruelty (physical or mental), desertion for at least three years, exceptional depravity, and any other ground recognised by the specific type of marriage (civil, customary, Islamic). The court must also be satisfied that the marriage has broken down irretrievably and that there is no reasonable prospect of reconciliation. We advise on the strongest grounds for your specific circumstances, draft the divorce petition and guide you through the court process from filing to decree absolute.
Under the Matrimonial Property Act 2013, matrimonial property is divided proportionally based on each spouse's contribution — both monetary (salary, business income, mortgage payments) and non-monetary (childcare, homemaking, domestic management, family enterprise support). The matrimonial home enjoys special protection regardless of whose name it's in. Property acquired before marriage generally remains separate unless the other spouse contributed to its improvement. In practice, Kenyan courts consider the full picture of the marriage — duration, each party's earnings, sacrifices made and the welfare of children. We ensure your contribution is fully documented and presented to the court.
Under the Children Act 2022, the court's paramount consideration is the best interests of the child. Factors include: the child's age and sex; the child's wishes (if old enough to express them); each parent's ability to provide a stable home, education and emotional support; the child's existing relationships; each parent's physical and mental health; any history of domestic violence or neglect; and the willingness of each parent to facilitate the child's relationship with the other parent. There is no automatic presumption in favour of mothers — fathers have equal rights to custody. We prepare comprehensive affidavits and parenting plans that demonstrate your suitability.
Yes. Under the Protection Against Domestic Violence Act 2015, any person in a domestic relationship who experiences physical, sexual, psychological or economic abuse can apply for a protection order from the Magistrate's Court. We file applications on an urgent basis — often the same day you instruct us. The order can prohibit the abuser from contacting you, exclude them from the matrimonial home, grant you temporary custody of children, and require them to surrender weapons. Breach of a protection order is a criminal offence. We also coordinate with police and, where needed, safe shelters to ensure your immediate safety while the legal process unfolds.
If the deceased left a will, you apply for a Grant of Probate. If they died intestate (without a will), you apply for a Grant of Letters of Administration. The process involves: (1) publishing a gazette notice and newspaper advertisement, (2) filing the petition at the High Court or Magistrate's Court (depending on the estate's value), (3) serving notice on all beneficiaries and potential claimants, (4) waiting 30 days for objections, (5) the grant is issued, (6) you administer the estate — collecting assets, paying debts, distributing to beneficiaries, (7) filing a confirmation of grant showing how the estate was distributed. The grant must be confirmed within 6 months of issue. We handle the entire process and resolve any disputes that arise along the way.
There is no fixed formula for child maintenance in Kenya. The court considers: the financial needs of the child (school fees, medical, housing, food, clothing, extracurricular activities), the standard of living the child enjoyed during the marriage, the paying parent's income and financial obligations, and the custodial parent's own income and resources. In practice, maintenance orders typically cover school fees (tuition, uniforms, books, transport), medical insurance and expenses, a monthly upkeep amount for food, clothing and other daily needs, and sometimes housing costs. We prepare a detailed schedule of the child's needs, supported by evidence, and pursue an order that ensures the child's standard of living is maintained — or seek enforcement if an existing order is being ignored.
✦ F.M. Muteti & Co. Advocates · Embassy House, Nairobi · TSS Tower, Mombasa
Kenya's trusted family lawyers are ready to protect your rights, your property and your children's future. Divorce, custody, maintenance, succession and protection orders. Confidential consultations. Walk-in offices. Let's resolve this — now.
We share a commitment to providing our clients with the highest quality and most cost-effective legal services.
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