Planning to divorce your spouse? This is how much it will cost you
The High court has ruled on a case filed by The Federation of women lawyers (FIDA) that wanted couples to share their wealth equally upon dissolving of a marriage.
FIDA sought to have the section 7 of the matrimonial property act scrapped and declared invalid through the office of the Attorney General but the High court has upheld it.
"The record does not show that (Ms Kanyi) demonstrated to the satisfaction of the court that her contribution towards other family expenses, in some way had enabled Mr Gachengo to meet his obligation to the seller of the said property and to the mortgage company," said the judge when quoting a Court of appeal precedent of 2016 between Mr Andrew Gachengo versus Mary Kanyi.
Section 7 of the matrimonial act states that upon a divorce couples should divide the properties according to each partners contribution to its acquisition.
High court judge John Mativo stated that the division of property does not mean equality even to those who did not contribute to its acquisition.
“The bigger the contribution by a partner in a relationship, the bigger the entitlement upon divorce,” Justice Mativo said.
However, FIDA still maintains that the judicial system is forged in a way that is meant to punish women who may lack tangible proof to demonstrate how they helped the family acquire property.