Family law in Kenya concerns the body of Kenyan law dealing with family relationship, marriage, and divorce.It is an area of the law that deals with family-related matters and domestic relations, including:
There are various types of marriages under the Kenya family law.This are:
Annulments
A marriage under the Kenya family law may be nullified as void or voidable much in the same manner as a contract. A marriage is void when the parties do not have the capacity to marry (known as the essential validity of the marriage). Thus, marriages between blood relations, or parties already married, underage, or otherwise unable to consent would all be invalid for lack of essential validity. A marriage is voidable and can be annulled by a court if the spouses are incapable of consummating the marriage.
The formal prerequisites of a valid marriage are set out in the Marriage Act.
Separation and contracts
The legal implications of a marital separation under the Kenya family law may be regulated by a contract. A separation agreement is typically negotiated and drafted. It agrees to the division of property as well as child support, custody, and access. Parties can also enter into pre-nuptial contracts to regulate the economic consequences of a future marriage breakdown. If it is shown that one party had unfairly negotiated the agreement can be invalidated.
Divorce
A spouse under the Kenya family law may only apply for a divorce when the spouses have been separate and apart for at least one year, when there has been adultery or where there has been cruelty.
Division of property
Matrimonial property under the Kenya family law can be divided any time during or after the separation, divorce, or death. All matrimonial assets and property is presumed to be split evenly between spouses. The scope of divisible matrimonial assets varies between provinces. Most provinces include all assets acquired during the marriage and any other assets pooled together. The most significant divisible assets include matrimonial home and pensions. Assets excluded typically include inheritances and monetary damages for personal injuries. Business assets may also be excluded in some provinces. Business assets are typically limited to assets that produce an immediate gain in some entrepreneurial capacity.
Child support and access
The basic ("table") amount of support is determined by the payer's income and the number of children in need of support.
Special and extraordinary expenses such as daycare, medical insurance coverage, health, education, and extracurricular expenses, may be ordered by the court to be shared by the parents. The expenses must be necessary with respect to the best interests of the child and must be reasonable having regard to the means and needs of the parents and children. Private schools and tutoring expenses and also extracurricular expenses are only allowable if they are "extraordinary"
Spousal support
- marriage, civil unions, and domestic partnerships;
- adoption and surrogacy
- child abuse and child abduction
- the termination of relationships and ancillary matters, including divorce, annulment, property settlements, alimony, child custody and visitation, child support and alimony awards.
- juvenile adjudication
- paternity testing and paternity fraud
There are various types of marriages under the Kenya family law.This are:
- Christian marriage
- Hindu marriage
- Islamic Marriage
- Customary marriage
- Civil marriage and the recent
- Come we stay marriage
Annulments
A marriage under the Kenya family law may be nullified as void or voidable much in the same manner as a contract. A marriage is void when the parties do not have the capacity to marry (known as the essential validity of the marriage). Thus, marriages between blood relations, or parties already married, underage, or otherwise unable to consent would all be invalid for lack of essential validity. A marriage is voidable and can be annulled by a court if the spouses are incapable of consummating the marriage.
The formal prerequisites of a valid marriage are set out in the Marriage Act.
Separation and contracts
The legal implications of a marital separation under the Kenya family law may be regulated by a contract. A separation agreement is typically negotiated and drafted. It agrees to the division of property as well as child support, custody, and access. Parties can also enter into pre-nuptial contracts to regulate the economic consequences of a future marriage breakdown. If it is shown that one party had unfairly negotiated the agreement can be invalidated.
Divorce
A spouse under the Kenya family law may only apply for a divorce when the spouses have been separate and apart for at least one year, when there has been adultery or where there has been cruelty.
Division of property
Matrimonial property under the Kenya family law can be divided any time during or after the separation, divorce, or death. All matrimonial assets and property is presumed to be split evenly between spouses. The scope of divisible matrimonial assets varies between provinces. Most provinces include all assets acquired during the marriage and any other assets pooled together. The most significant divisible assets include matrimonial home and pensions. Assets excluded typically include inheritances and monetary damages for personal injuries. Business assets may also be excluded in some provinces. Business assets are typically limited to assets that produce an immediate gain in some entrepreneurial capacity.
Child support and access
The basic ("table") amount of support is determined by the payer's income and the number of children in need of support.
Special and extraordinary expenses such as daycare, medical insurance coverage, health, education, and extracurricular expenses, may be ordered by the court to be shared by the parents. The expenses must be necessary with respect to the best interests of the child and must be reasonable having regard to the means and needs of the parents and children. Private schools and tutoring expenses and also extracurricular expenses are only allowable if they are "extraordinary"
Spousal support
Under the Kenya family law,the entitlement and value of spousal support is determined on a holistic basis that varies greatly depending on the circumstances. There is no single basis of entitlement and there is no single philosophy behind the reasons for support.The three grounds of entitlement are compensatory, non-compensatory (i.e. needs-based), and contractual.
No comments:
Post a Comment