Blow as court rejects 50/50 wealth split on divorce


Blow as court rejects 50/50 wealth split on divorce

In Summary

  • FIDA had argued that the provision promotes inequality between spouses and indirectly discriminates against women.
  • However, Justice John Mativo dismissed the case declaring that in case of divorce parties in a marriage are only entitled to their shares contributed in acquiring the property and not 50:50 sharing as argued by FIDA.

Couples whose marriages end in divorce will not be compelled to equally share their wealth but will each walk away with what they contributed during the union.

This is after the High Court on Monday dismissed a case by the Federation of Women Lawyers (FIDA) challenging  the constitutionality of a provision in the Matrimonial Property Act, which states that parties to a marriage shall be entitled to matrimonial property per their proved contribution made towards acquisition of that property.

FIDA had argued that the provision promotes inequality between spouses and indirectly discriminates against women.

The petitioner based the argument on the non-monetary nature of contribution made by married women in raising families and maintaining their homes.

However, Justice John Mativo dismissed the case declaring that in case of divorce parties in a marriage are only entitled to their shares contributed in acquiring the property and not 50:50 sharing as argued by FIDA.

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