Admin and Probate Lectures 2012 Updated

Admin and Probate Lectures 2012 Updated - MARRIAGE AND...

Info icon This preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
MARRIAGE AND DIVORCE In Kenya, there are three different forms of marriage termination: Voi d S 35 of the Marriage Act provides for circumstances where a marriage is void. This mostly touches on matters of capacity and circumstances. E.g. Marrying under false names, with the authority of unlicensed persons, etc. Parties to this marriage cannot inherit as there is no matrimony, thus no matrimonial property. Voidabl e It is provided for under the Matrimonial Causes Act S 14. The grounds include, impotence, consent obtained by fraud, etc. In such a case, the marriage can be terminated or nullified at the option of one of the parties. Such marriage can only be nullified within a year of celebration. Where the circumstances are discovered after the time has lapsed, you may seek leave of the court to file for divorce before divorce period is realized. But it has to meet the grounds for divorce featured under S 8 of the Matrimonial causes Act. In this case, the petitioner can inherit, during the subsistence of the marriage. 1 Divorc e This is provided for under S 8 of the Matrimonial Causes Act. Separati on This is provided for under s 18 of the Matrimonial Causes Act. It occurs where a party does not want to pursue a divorce, but does not wish to stay with the partner. The obligations of a marriage still subsist, i.e. maintenance. Any property acquired during this period is not matrimonial property. Under the law of succession, a separated wife is still entitled to inherit 2 . Separation is important as it prevents desertion. It allows the parties to stay separately indefinitely while still married. Comment [u1]: THE MATRIMONIAL CAUSES O r d i n c e .p d f T he M a rri a g e Ac t 1 Also, former wives can inherit. (Law of Succession Act) 2 S 3 of the Law of Succession Act
Image of page 1

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
DIVISION OF MATRIMONIAL PROPERTY Under the Constitution , s 45(3) Parties to a marriage are entitled to equal rights at the time of the marriage, during the marriage and at the dissolution of the marriage. S 17 of the Married Women Property Act stipulates how property should be divided. The division was 50/50 until Echaria v Echaria where it was held that division should be proportional to contribution. The Constitution has however brought us back to 50/50 as per Muthembwa v Muthembwa. In Ireri v Ireri, the man had taken a mortgage. The wife used to work but used her earnings on herself. During the hearing of the case, the man claimed she used it on her appearance and thus made no contribution towards the family’s welfare. Githinji J held that, the fact that she used her income for her beauty, she relieved the man that responsibility as a result of which he used that money to service the mortgage. This is because it is the responsibility of the man to take care of his wife. They applied Kivuitu v Kivuitu .
Image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern