General

What to Avoid During a Divorce In Kenya

It is not advisable to evict your spouse without their consent. The Matrimonial Property Act states that any party seeking to remove their spouse from their family home must first seek a court order.

Hidden income, expenses, and assets
It is important to disclose all assets and incomes during divorce proceedings. Your spouse can apply for the discovery of your assets and hire investigators to find out the extent of your assets. This information does not help build a new life.

A persuasive case in court

Failure to monitor spouse’s liabilities
The Matrimonial Property Act allows spouses to share in the costs of liabilities that arise from jointly-owned property or property in which one spouse has beneficial interests. This applies regardless of whether the liability was incurred under any contract. During a divorce, it is important to monitor your spouse’s spending habits and ensure that they are aware of the consequences. To avoid joint liability, you may be able to disclaim any additional liabilities that arise after your divorce from your spouse.

Spiteful Behaviour
It might not be in the best interests of either spouse to be spiteful towards their spouse during a separation. To avoid more resentment, which is common in divorce proceedings, it is better to keep things civil. Spitefulness can make it difficult for your spouse to reach an amicable agreement on matters such as custody, maintenance, division of assets, and spousal support. Because they feel the mistreatment of one parent by their spouse, spitefulness can also affect the psychological well-being of children.

Refuse to accept a settlement agreement
A settlement agreement is a great tool because it allows the parties to reach a negotiated settlement on all issues related to the divorce. Instead of having the court issue a directive to the spouses, which could be unfavorable to one of them. This may be avoided through mediation or negotiations and result in a more win-win situation for everyone. The parties can also reach an agreement on custody and child responsibility. This settlement can be made into a parental liability agreement that can then be adopted by the court.

To file the divorce, you can agree to a settlement with your spouse
The Marriage Act of Kenya prohibits couples from collaborating to file a divorce petition. This means that the only grounds for divorce should be that one spouse has committed an offense of marital nature that is one of the grounds under the Marriage Act.

You cannot alter or create a new will.
You may not want your spouse to inherit your assets if you divorce or separate. You should write a will or alter your old will to express your intent that your spouse does not inherit your assets. Otherwise, your spouse could still be entitled to your estate, whether your will names them as a beneficiary, or under the rules of intestacy.

Share revenge photos and videos or defame your spouse
Spouses should not make offensive remarks or allegations about their spouse during separation or divorce to the public, or any sections thereof via social media. It is also a good idea not to publish or share any photos or videos of your spouse in case you are sued for damages for breach of privacy, defamation, or cybercrime.

Threaten your spouse
Avoid making threats to your spouse or children. You should not harass your spouse or children by making incessant phone and stalking calls, taking physical custody of your children without your consent; cutting off maintenance for your children to force your spouse to comply with your demands; etc.

Selling of joint assets
You must get your spouse’s consent before you sell joint assets. Because the family law lawyers surrey bc requires that certain assets be sold by your spouse, you must give your consent. Any third party who purchases an asset jointly owned without the consent of one spouse could lose the asset. To sever joint ownership, it is best to get a court order for the division of assets.

 

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