Home Op-Eds Opinion: Sharing matrimonial property on divorce – Washe Kazungu

Opinion: Sharing matrimonial property on divorce – Washe Kazungu

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[Source: Business Daily, by Washe Kazungu]

Every weekend (even as we get through this pandemic) hundreds, even thousands of couples choose to make a public statement of their companionship by entering a marriage, with some celebrating the beginning of that union in a wedding ceremony. The vows made at this ceremony point to death being the only thing that should separate the couple.

Unfortunately, that is not always the case, and when divorce precedes death, along comes the inconvenience of separating what initially was held under the general principle of “what is mine is yours”.

In Kenya, this inconvenient part is guided by the Matrimonial Property Act of 2013.

To understand what this law says, it is important that we first understand some key terms. The first is the ‘matrimonial home’…

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