Couples seeking to dissolve their marriages might soon experience a swifter and less financially burdensome process if a new bill proposed by Suna West MP Francis Masara sails through.
The proposed law seeks to significantly shorten the divorce process for couples trapped in broken marriages, who often endure prolonged waiting periods for their divorces to be finalised.
The Marriage Amendment Bill 2023 proposes to amend the Marriage Act of 2014 to introduce provisions for divorce by mutual consent.
"Divorce in Kenya has always been and is still fault-based meaning that a person will only get a divorce when they prove a matrimonial fault on the part of their spouse," the MP argues.
The MP stresses that extended durations to conclude divorce cases compel couples to remain trapped in broken marriages, which is not conducive to their well-being.
Per the legislator, by allowing couples to end their marriage through mutual agreement, the process will be much more seamless and make it more easier for courts to dissolve marriages.
The bill takes into account factors such as; the irreparable breakdown of the marriage and a one-year mutual separation period prior to filing the divorce petition.
If the new proposal sails through, both parties will be required to jointly present their petition along with their written consent sheets for the divorce to be finalised. Both parties will also be required to be present during the hearing of the petition.
"Any party to the petition may by filing a notice of motion, withdraw the petition any time before a decree of divorce is granted. Upon satisfaction of the court that the averments made in the petition are true, the court shall grant a decree of divorce," reads part of the bill.
However, if the court determines that consent was obtained through coercion, fraud, or undue influence, the granted decree can be nullified. In such instances, the innocent party has the right to claim damages.
The current divorce procedure consists of several sequential steps: First, one party files a petition with the court, followed by the signing of the Notice to Appear.
The respondent then provides their reply to the petition. Subsequent to the response, a Registrar's certificate is issued. This certificate is a prerequisite for the petition's hearing.
At the hearing, the judge evaluates the case and issues the initial decree. Finally, the judge concludes the process by issuing the final decree.
