Potentash
  • Relationships
    • The Singlehood Series
    • Dating
    • Sex
    • Parenting
  • Lifestyle
    • Home
    • Food + Beverage
    • Fashion
    • Interviews
  • Stories
    • The Singlehood Series
    • Fiction
    • Poetry
  • Skin + Beauty
    • Skin
      • Skincare
    • Hair
      • Haircare
  • Wellness
    • Physical Health
    • Emotional Wellness
    • Mental Wellness
    • Social Wellness
    • Spiritual Wellness
  • Business
    • Business Finance
    • Personal Finance
    • Entrepreneurship
    • Investments
    • Personal Investments
  • Entertainment
    • Internet
    • Events
    • Music
    • Books
No Result
View All Result
  • Login
Potentash
  • Relationships
    • The Singlehood Series
    • Dating
    • Sex
    • Parenting
  • Lifestyle
    • Home
    • Food + Beverage
    • Fashion
    • Interviews
  • Stories
    • The Singlehood Series
    • Fiction
    • Poetry
  • Skin + Beauty
    • Skin
      • Skincare
    • Hair
      • Haircare
  • Wellness
    • Physical Health
    • Emotional Wellness
    • Mental Wellness
    • Social Wellness
    • Spiritual Wellness
  • Business
    • Business Finance
    • Personal Finance
    • Entrepreneurship
    • Investments
    • Personal Investments
  • Entertainment
    • Internet
    • Events
    • Music
    • Books
No Result
View All Result
  • Login
Potentash
No Result
View All Result
Marriage: The Financial Burden Of Divorce Part 1

Marriage: The Financial Burden Of Divorce Part 1

Imali Asena by Imali Asena
5 October 2017
in Family, Marriage, News, Relationships
Reading Time: 3 mins read
53 4
1
69
SHARES
382
VIEWS
FacebookTwitterWhatsApp

Divorce can be a complicated process, especially when the marriage has reached a point of irretrievable breakdown. Finances especially are a difficult area to navigate, particularly when the split is not amicable. Knowing then that this is an unavoidable discussion it is in the best interests of each spouse to be aware of their rights in preparation for the long journey towards legal separation.

In Kenya, the law governing this area is the Matrimonial Property Act 2013 which is to be read with The Constitution of Kenya 2010. Article 45 first of all grants equal rights to the parties in a marriage at the point of entering the marriage, during the subsistence of the marriage and on dissolution. This is important because no party will then be prejudiced at the first instance.

The Matrimonial Property Act provides for the separation of property. This is to say that if any of the spouses acquired property before the marriage was officiated, the property does not become matrimonial property merely by the fact of the marriage. It will only be considered matrimonial if the spouse under whose name the property is registered intends and makes steps towards making it a joint property.

The same applies to debt. Spousal liability is covered in section 10 of the act which provides that any liability such as loans and mortgages which a spouse enters into before the marriage will remain as that spouse’s sole liability. This will be so unless the property related to that debt is made into a matrimonial property by the consent of the two parties. If it is made into matrimonial property under joint registration, then if the liability was reasonably and justifiably incurred it will be shared by the spouses.

All other debts and liabilities incurred during the subsistence of the marriage will only be shared if they were reasonably and justifiably incurred for the benefit of the family.

Spousal consent is a requirement when dealing with any property considered matrimonial. This is to say that if one spouse wants to take a loan using the couple’s land as security before the loan is approved the other spouse must sign to show consent without coercion. This protects either spouse from being bound to a debt which he/she did not know about.

The act is progressive in that it allows spouses to enter into prenuptial agreements to determine their property rights in case of breakdown. However, section 6(3) is clear on the fact that an agreement of this nature will only be enforced by the court if it was drawn without fraud, coercion or manifest injustice.

Couple fighting over money. Image from http://www.blackenterprise.com/money/divorce-and-your-finances-the-basics/

With all this in mind, take the example of John and Jane who are in court filing for a divorce. The court will not consider whose fault it is that the marriage is failing. Each of them will have to prove to the court through title instruments which assets constitute matrimonial property, and which are separate property. The court will then divide the matrimonial assets between the two according to each of their contributions ( both direct, which is monetary, and indirect, which could be domestic work and companionship). Their liabilities will also be split between them if they were incurred for the benefit of the family, taking into account each of their incomes.

Here is part 2 – Marriage: The Financial Burdens Of Divorce Part 2

Featured image via www.pbs.org.

Share28Tweet17SendShare5Pin6
Previous Post

Single Lady In Nairobi: When Your Dating Friends Treat You Like The Enemy

Next Post

Marriage: The Financial Burdens Of Divorce Part 2

Imali Asena

Imali Asena

Imali Asena is a lover of words, currently writing an escape

Next Post
Marriage: The Financial Burdens Of Divorce Part 2

Marriage: The Financial Burdens Of Divorce Part 2

Please login to join discussion

Recommended

Man cleaning toilet with boy next to him - How to split housework with partner

Relationships: How To Split Housework With Your Partner

17 February 2022
84
Tis The Season: Look Out For The Coca-Cola Christmas Caravan With Goodies Coming To A Town Near You

Tis The Season: Look Out For The Coca-Cola Christmas Caravan With Goodies Coming To A Town Near You

24 November 2021
138

Popular Stories

  • Kenyan Musician J. S. Ondara Nominated For A Grammy Award For His Album Tales Of America

    Kenyan Musician J. S. Ondara Nominated For A Grammy Award For His Album Tales Of America

    20 shares
    Share 8 Tweet 5
  • I Hooked Up With My Sister’s Best Friend

    333 shares
    Share 133 Tweet 83
  • What To See In Ireland In 7 Days | An Ultimate Guide

    26 shares
    Share 10 Tweet 7
  • How To Track Your MPESA Transactions

    2344 shares
    Share 938 Tweet 586
  • When The Past Returns Without Permission: Parenting Through Betrayal, Forgiveness, And Uninvited Truths

    2 shares
    Share 1 Tweet 1

Potentash Blog

Potentash is an award-winning lifestyle blog. We publish lifestyle content that intersects with health, women, beauty, travel, business, relationships, finances and entertainment.

Explore

  • The Singlehood Series
  • From Stairs To Ramps
  • Man Around Nairobi
  • Pearls And Heels
  • Personal Finance
  • Food + Beverage
  • Editor’s Pick
  • Reviews

Get the Potentash Newsletter

  • Newsletter Archive
  • Subscribe
  • Frequently Asked Questions
  • Privacy Policy
  • Contact Us

Copyright © 2023. Potentash, In Partnership with Decima

Welcome Back!

Sign In with Linked In
OR

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In
  • Login
No Result
View All Result
  • Relationships
    • The Singlehood Series
    • Dating
    • Sex
    • Parenting
  • Lifestyle
    • Home
    • Food + Beverage
    • Fashion
    • Interviews
  • Stories
    • The Singlehood Series
    • Fiction
    • Poetry
  • Skin + Beauty
    • Skin
      • Skincare
    • Hair
      • Haircare
  • Wellness
    • Physical Health
    • Emotional Wellness
    • Mental Wellness
    • Social Wellness
    • Spiritual Wellness
  • Business
    • Business Finance
    • Personal Finance
    • Entrepreneurship
    • Investments
    • Personal Investments
  • Entertainment
    • Internet
    • Events
    • Music
    • Books

Copyright © 2023. Potentash, In Partnership with Decima