Differences Between a Divorce and Separation

 

Recently, cases of couples going their separate ways have become more common, and in Kenya, the term "wife" is sometimes loosely used. So, what are the differences between divorce and separation?

According to Judy Thongori & Co. Advocates, divorce legally ends a marriage, while separation is a temporary arrangement that allows spouses to live apart while considering their options.

In Kenya, a divorce can be granted if a couple has lived apart for at least four years and can prove they were not together during that period.

Marriages in Kenya are categorized differently, such as:

• Hindu marriage
• White (Christian) marriage
• Traditional marriage
• Attorney General (AG) marriage
• Islamic marriage

According to Ombogo and Advocates, the first step to filing for divorce in Kenya is to file a divorce petition. This petition is filed with a Notice to Appear, directing the respondent to answer the petition within 15 days.

The respondent must then file their response. If they fail to do so, the petitioner can ask the court to declare the petition uncontested, allowing them to present their evidence. A decree is then issued by the court.

If the respondent responds, the court sets a hearing date for both parties. On this date, the petitioner, respondent, and any witnesses present their evidence. The court will then issue a judgment.

Note: The person initiating the divorce is called the petitioner. The divorce petition itself is a document that begins the divorce process and outlines the grounds for seeking a divorce.

by PENINAH NJOKI