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Married People - Should we beware of new constitution?
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John Kamau
#1 Posted : Wednesday, July 28, 2010 1:56:53 PM
Rank: New-farer

Joined: 7/28/2010
Posts: 8

Hi All

I make my humble contribution to this website to get your feedback on one issue I have been dealing with.

I married a 21yr old lady 2yrs ago. I am 35. AS always the 1st year was bliss but I got to see her true colours in the last year. Not only has she refused to work but she also refused to get kids (she is medically ok)

My issue is when by the time we got married I had bought a 5ac plot in Syokimau which is in my name. After we got married I took a mortquage in my name to buy the apt we live in. Now I want a divorce. My predicament is this new constitution.

CHAPTER FOUR - THE BILL OF RIGHTS
Section 45, says Parties to a marriage are entitled to equal rights at the time of the marriage, during the marriage and at the dissolution of the marriage.

My issue is, does the above mean that i will have to give her half of what I have.

This I foresee will be an problem issue for progressive men and women in future esp from gold diggers.
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real cindano
#2 Posted : Wednesday, July 28, 2010 2:07:10 PM
Rank: New-farer

Joined: 6/1/2010
Posts: 87
Location: Zimbalabala
My advice to you .............
Is grow a pair of ................
Big hairy balls ..............
Why did you marry her ............
Vote yes for the constitution ..............
And stop getting your panties in a twist .................
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centerbolt
#3 Posted : Wednesday, July 28, 2010 2:23:38 PM
Rank: Member

Joined: 2/26/2010
Posts: 108
Location: Jabini
@John, divorce her before August 4th.....otherwise pole sana
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PONDI
#4 Posted : Wednesday, July 28, 2010 2:24:14 PM
Rank: Veteran

Joined: 5/8/2007
Posts: 885
@kamau... welcome. you claim she is medically ok to conceive. are you? if your wife is that young, use your experience to outsmart her. you could 'sell' the plot... go home na sale agreement etc and lie you re-paid debts etc.. or transfer title to your mum, before you institute divorce proceedings.
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Mpenzi
#5 Posted : Wednesday, July 28, 2010 2:32:37 PM
Rank: Veteran

Joined: 10/17/2008
Posts: 1,234
What you owned BEFORE you got married in yours. But she can claim half of what you have bought since you married. Even under current Constitution. Go see a good lawyer before you institute divorce proceedings.
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Impunity
#6 Posted : Wednesday, July 28, 2010 2:40:27 PM
Rank: Elder

Joined: 3/2/2009
Posts: 26,331
Location: Masada
Thank God no kid has popped up in your two year sojourn!
Even if u owned the house u r living in, she would not have a portion of it.Its children who normally complicates issues in divorce settlement.
But is she ready for divorce?
Under what grounds are u divorcing her?
The fact that she has refused to shika mpira doesn't hold any ground for divorce in Kenya.
Please look for another good reason to leave her.
All the best and sorry for your short married life.
It happens sometimes.
Portfolio: Sold
You know you've made it when you get a parking space for your yatcht.
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kizee
#7 Posted : Wednesday, July 28, 2010 2:48:30 PM
Rank: Member

Joined: 1/9/2008
Posts: 537
ur 35 and shes 23? where is the problem? to be honest i didnt get beyond this stage of ur post
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Ondiek
#8 Posted : Wednesday, July 28, 2010 3:05:53 PM
Rank: Member

Joined: 6/21/2009
Posts: 292
You do not have to go as far as the constitution. Even under the current family laws and case law.The court would still award her part of your property even though she did not contribute to it financially.

Question though is what is your ground for divorce as this can only be adultery, cruelty/desertion and non-consummation of the marriage.
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  | | Edit by user: Wednesday, July 28, 2010 3:17 PM | Reason: Not specified
kizee
#9 Posted : Wednesday, July 28, 2010 3:16:17 PM
Rank: Member

Joined: 1/9/2008
Posts: 537
this thread is rather useless without pics..of her
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Impunity
#10 Posted : Wednesday, July 28, 2010 3:23:50 PM
Rank: Elder

Joined: 3/2/2009
Posts: 26,331
Location: Masada
Ondiek wrote:
You do not have to go as far as the constitution. Even under the current family laws and case law.The court would still award her part of your property even though she did not contribute to it financially.

Question though is what is your ground for divorce as this can only be adultery, cruelty/desertion and non-consummation of the marriage.


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Portfolio: Sold
You know you've made it when you get a parking space for your yatcht.
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