No 50-50 wealth share after divorce, says court

No 50-50 wealth share after divorce, says court

A Kenyan High Court has ruled against a petition to change a clause in the Marriage Act which limits divorced couples to only claim ownership to assets they have acquired during the relationship, local media reports.

The Highs court has today made a major ruling on how to share property accrued during marriage time in case of a divorce.

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This happened barely 48 hours after the court of appeal declined to make a determination in an alimony case by a British couple living in Kenya citing lack of jurisdiction.

High court judge John Mativo stated that the division of property does not mean equality even to those who did not contribute to its acquisition.

The judge argued it would not be reasonable for an individual to enter into a marriage empty handed, contribute nothing and then walk out of the marriage with half of the family's wealth.

No 50-50 wealth share after divorce, says court
No 50-50 wealth share after divorce, says court

Fida had tendered a petition in the court seeking the removal of section 45 (3) of the marriage and Property Act, which guides how wealth should be shared between spouse upon divorce.

The women lawyers' lobby Fida Kenya, has lost a court battle to have marriage partners automatically share wealth on 50:50 basis upon divorce.

The organisation also argued that the law creates unfair discrimination against women, saying they suffer most after dissolution of marriage.

He said the law does not offend any of the provisions of the Constitution as alleged by Fida, nor does the section contradict any of the provisions of the Act.

"All that a party is required to do is provide evidence on details of his or her non-monetary contribution in the marriage and leave it to the court to determine", he said.

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