Grounds for divorce according to the Kenyan constitution
If you are a Christian, you probably know that the Bible doesn’t condone divorce but there is only one circumstance that it allows that. In recent times, divorce rates have been on the rise and as much as we would like to bury our heads in the sand, its the reality.
Going back to the traditional African concept on marriage and divorce, if there were disagreements between a wife and a husband, reconciliation was the first step. this helped prevent separations and divorce.
That the same approach that modern families also sort after. But, what happens if they cannot reach an agreement? What do the laws of the land say about divorce?
A petition for divorce may be presented to the court either by the husband or the wife on the ground that the respondent—
Has since the celebration of the marriage committed adultery
The courts allow any of the spouses to file for a divorce if any of the partners have committed adultery. This might sound simple but before running to the courts, you must be able to prove beyond reasonable doubt that he/ she committed the act.
Has deserted the petitioner without cause for a period of at least three years
If any of the partner desserts the marriage for a period of 3 years since the marriage, an individual can file for divorce. Before performing a disappearance act on your spouse, you need to stop for a moment and think if that’s what you want. After the 3 years, the deserted spouse is free to move on.
Has since the celebration of the marriage treated the petitioner with cruelty
When taking the marriage vows, both parties to confirm that they are there of their free will and also promises to love and cherish one another. So the moment you choose to lift a finger and burter your spouse, then be ready for a divorce.
The beauty of this is that this is an act which can be proven by the naked eyes and even the medical practitioners can also do that.
Also Read: Tips for protecting your finances when it comes to divorce.
Is incurably of unsound mind and has been continuously under care and treatment for a period of at least five years
In the marriage vows that are mostly taken in church, people to swear to love and be there for each other in sickness and in health. According to this, you have to be there till death do you part.
But, the constitution of Kenya offers a leeway of a partner getting away for at least after 5 years. So the choice belongs to both parties if they want to honour the first vow or not.
Since the celebration of the marriage, been guilty of rape, sodomy or bestiality.
This majorly applies to women. If your husband has been accused and charged of rape, sodomy or bestiality, then you are free to file for divorce.
In all these provisions, you must be able to provide evidence beyond reasonable doubt of the alleged crimes.
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