No avoiding court: Judge rejects petition for couples to divorce by mutual consent
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While most people enter a marriage expecting it to last until death do them part, unfortunately, there comes a time when it is no longer feasible to continue in it.
They wanted court to declare that couples were "at liberty to terminate their marriage through written consent and upon filing the consent in court, a decree shall issue to the Registrar of Marriages cancelling the union and deeming the marriage dissolved"
But the court rejected the request and ruled that mutual separation was against the society’s interest in preserving the family unit, which enjoys the recognition and protection of the State as provided in Article 45 of the Constitution
A judge has dismissed a petition to allow couples to leave their marriages without going through the court process to formalise their divorce.
In the petition filed by Copler Attorneys and Consultancy, Justice Lawrence Mugambi had been asked to declare that couples could dissolve their marriage through mutual consent without fulfilling any of the grounds for divorce stipulated in the Marriage Act, 2014.
