Divorce

Our divorce practice is based on two principles:

That a high view of marriage includes divorce: We believe that divorce protects marriage by refusing to allow abusers to exploit their partners in the institution with impunity; and that offering divorce to the innocent party makes the value of marriage clear as society refuses to see it damaged, maltreated or treated lightly.

That marriage is a voluntary union and the voluntariness must be sustained throughout the union. In the words of Justice Madan in M.N v N. “If two spouses have reached the point of not being able to live together reasonably happily for causes some of which may appear trifling to an outsider but are of vital effect upon their lives and which are felt by them to be intolerable, or unreasonable to continue to bear then, they are entitled to be released from their matrimonial union”

Kenyan divorce law remains fault based, requiring that the parties show that certain matrimonial offences have been committed except where the parties have lived apart for many years. Be that as it may, most people want a clean break with minimum acrimony. When you come to us for your divorce process, we promise you personal attention, representation with dignity and compassion and to as much as possible pursue an amicable divorce depending on your circumstances.