Comprehensive Guide to Understanding Divorce Procedures and Legal Grounds;
Divorce has become a common term in today’s society, no longer carrying the stigma it once did. Society now recognizes that not all marriages are successful. However, for a spouse to be granted a divorce, specific court proceedings must be followed. This article aims to enlighten our readers on the essential court procedures involved in the divorce process.
Meaning of divorce
In simply terms divorce is the legal dissolution of a marriage by a court or other competent body.
Grounds for divorce
Common grounds for a spouse to file for a divorce whether Christian, Civil, Hindu or customary marriage, divorce will be granted on either of the following grounds: adultery, cruelty, desertion, and irretrievable breakdown of a marriage.
Divorce process
The process often begins with a party filing a petition based on the grounds mentioned. The party can choose to file the petition if they intend to represent themselves or their petition can be filed by an advocate. The petition should be accompanied by verifying affidavit, witness statement, list of witnesses, and a list of documents containing evidence. Thereon, the advocate should prepare and submit a notice to appear to before the court.
Thereafter they receive the Respondent’s reply, issuance of Registrar’s certificate
hearing of the Petition then there is the Judgment/Initial Decree which gives rise to a decree nisii, which is the initial decree, which after the lapse of thirty days it is made absolute, the final decree. When the divorce is contentious the process can take approximately two years whereas a non-contentious divorce can take approximately one year.
On occasions where the marriage had issues (children) after the divorce, the parties are at liberty to approach the Children’s court to make a determination on issues of custody and maintenance of the children. On the other hand where the marriage had properties the parties can institute a matrimonial property cause in court to enable distribution of the properties between the parties.
Conclusion
The entire divorce process can be quite time-consuming and stressful for both parties involved. Therefore, it is often better to consider other methods of resolving disputes, such as alternative dispute resolution (ADR). ADR includes mediation and arbitration, where a neutral third party helps the spouses come to an agreement without going to court. This can save time, reduce conflict, and be less expensive than a lengthy court battle.
However, if the parties cannot reach an agreement through ADR or if there are significant issues that need a legal ruling, going to court is also a viable option. The court process ensures that a judge makes a final, legally binding decision on matters such as the division of property, child custody, and support arrangements. This can provide a clear resolution and closure for both parties.
In the event of any inquiries or concerns regarding divorce proceedings, our team at MMS Advocates stands ready to provide expert legal guidance and support. You can reach us at our office located at Lower Duplex Apartments, LOWER HILL ROAD, or conveniently contact us via email at info@mmsadvocates.co.ke.
Date: May 22nd, 2024 Author: Matano Mary Ndzikwa