A controversial Bill has been introduced in the National Assembly that would allow couples to annul their marriage within a year of their wedding by mutual consent.
The proposal has caused a stir among MPs from different political divides who argue that it could potentially contribute to the dissolution of marriages. The Bill aims to amend the existing legislation and legalize “mutual separation” meaning that couples can agree to live separately as husband and wife, regardless of whether they reside under the same roof. The grounds for seeking a divorce decree would include the irretrievable breakdown of the marriage, mutual separation for at least a year before the petition’s submission, and mutual agreement to dissolve the marriage.
“The court may grant a decree for the divorce if the petition is made after at least one year of the celebration of the marriage, the parties jointly present the petition, both parties freely give consent to the divorce in writing and both parties are present in person at the hearing of the petition,” reads the Bill.
In the event that a party makes an application, the court holds the power to cancel a divorce decree on the grounds of manipulation, falsehoods, or undue influence. If a matrimonial union is nullified by way of absolute decree, then the spouse shall never be deemed to have been lawfully married. It is also important to note that a divorce decree does not retroactively legalize anything done unlawfully through the span of the marriage, nor does it erase any misconduct undertaken during it.
The decree also does not affect the competence of either party as a witness or any privilege in respect of communications during the marriage. Furthermore, it does not relieve either party of any debt incurred on behalf of the other during the marriage. The Majority Leader of the National Assembly Kimani Ichung’wah calls for the suspension or withdrawal of the Bill and its amendments, while the Minority Leader Opiyo Wandayi requests a ruling on the constitutionality of the Bill from the Speaker, who is expected to give a ruling in two weeks. The minority leader also wants the bill to undergo public participation.
If you have to annul your…
If you have to annul your marriage within a year of saying ‘I do’.You might just as well not have gotten married. From my readings on such matters,Iam told that the first 5 years are the most difficult…So I would suggest that instead of annulling within one year, make it after 5 years.
Anyway, Iam still scratching my head and wondering why people still enroll in this institution given what we know about it.Meaning the failure rate is pretty discouraging.Besides that,one can garner benefits that used to be gotten only in marriages, without marrying.In other words,there are other least cost benefits options.
@Maxiley – Greetings! If you…
@Maxiley – Greetings! If you walk in a marriage with preconceived notion of what is supposed to be then you are setting yourself for failure. I walked with wide eyes open with little expectations but so far it has exceeded mine and I’m so glad I waited to be with the right person even when I was ridiculed of being old as spinster and a cat lady ha ha ha. Marriage is great if you go into it realistically and for the right reasons..
@ Formerlyguest2, I totally…
@ Formerlyguest2, I totally agree with you.High expectations are usually adisappointment,expecially after the honeymoon is over.However you will agree that after one year,it’s too early to throw in the towel.
I think traditional roles are out dated,and if carry them into today’s union,you are setting yourself to fail.What say you?
@Formerlyguest 2. I wish you…
@Formerlyguest 2. I wish you the best in your union.Iam glad that things are rocking.But remember Iam still in the FRIENDZONE…happy,and ready to offer a friendly shoulder.
Who is coming up with these…
Who is coming up with these unKenyan ideals? To destabilize African marriage institutions for whose benefit other than these foreign funded anarchists? Refuse, and no “please”.
Kenyans are moving back to…
Kenyans are moving back to their cultures. Soon laws will thin out and be of no use.
Cultures will govern society.