Published: Wed, May 16, 2018
Worldwide | By Jermaine Blake

High court rejects 50-50 divorce share

High court rejects 50-50 divorce share

Gold diggers: Better think twice.

The organization wanted the section revoked so that spouses can share wealth on a 50/50 basis regardless of their contributions during the marriage.

The justice stated it would be unfair for a person to enter into a marriage with an empty hand, contribute nothing and then walk out of the marriage with half of the family's wealth.

But that does not guarantee a 50-50 for those who think marriage is their ticket to equal sharing of wealth.

The Highs court has today made a major ruling on how to share property accrued during marriage time in case of a divorce.


"Many times a spouse who is not contributing financially is normally the spouse who is contributing indirectly in form of taking care of children, estates, properties and love." said John Chigiti.

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The Federation of Women Lawyers had wanted the matrimonial properties act to be declared unconstitutional, and couples to be entitled to 50-50 arrangement.

But Justice Mativo noted that the drafters of the Act were conscious of this and included in the law a clear definition of non-monetary contributions.

"There are, and there will be, situations where women earn or contribute more than men in acquiring matrimonial property", said Justice Mativo, who also held that Section 6 of the Act, which provides for liabilities incurred during marriage to be shared equally, was meant to curb situations where one party to a marriage is left to settle debts incurred during the subsistence of the marriage.

Lawyer Dunstan Omari said spouses should be document each transaction in case of a divorce to prove their investment in the marriage.

"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.

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