HOW TO FILE FOR A DIVORCE IN KENYA- ELEVEN KEY THINGS YOU NEED TO KNOW

by James Chepchieng, published on 13/05/2026, 11:01 am EAT

OUTLINE

Divorce in Kenya is one of the matters that many have an interest in, particularly now that more Kenyans are getting into the legal and emotionally draining process of ending a marriage.

Whether you’re thinking about getting a divorce, going through one, or want to learn more about the process, this article compiles all you will need to know about divorce in Kenya.

Here is everything about what causes divorce: how much it costs, how it is filed, what you’ll need, and more. Let’s break it into ten topics so you can have some clarity about divorce in Kenya.

Introduction and Overview of Divorce in Kenya

Many people going through divorce in Kenya find the paperwork overwhelming, the court processes lengthy, and the personal impact profound.

Understanding the divorce process from the start can help reduce stress and lead to better outcomes.

At its core, divorce in Kenya is the legal dissolution of marriage. It formally ends the marital relationship while addressing post-separation rights, responsibilities, fairness in asset distribution, and the protection of vulnerable parties, especially children.

Kenyan law places the “best interests of the child” at the centre of every decision involving custody and upbringing.

The process is primarily governed by the Marriage Act 2014, which applies to civil, Christian, Hindu, Islamic, and customary marriages (with Sharia law considerations for Islamic unions).

Other key laws include the Matrimonial Property Act 2013 for the division of assets and the Children Act for child-related matters.

These are supported by Article 45 of the Constitution of Kenya, which guarantees equal rights in marriage and its dissolution.

Divorce in Kenya is granted on the single ground of irretrievable breakdown of the marriage.

This can be proven through factors such as adultery, cruelty (physical, psychological, or emotional abuse), desertion, separation (typically 2–3 years), or irreconcilable differences. In some cases, courts also consider exceptional depravity.

Because the divorce process in Kenya can be complex, seeking guidance from a qualified family lawyer in Kenya or an expert is strongly recommended. Informed decision-making remains essential.

Divorce in Kenya is becoming more accepted in society, with reduced stigma and greater focus on fairness and protection for all parties involved.

Professional legal support helps ensure the process is handled smoothly and compassionately.

Types of Marriages Recognized in Kenya

In divorce in Kenya, the type of marriage significantly influences the divorce process and dissolution of marriage.

The Marriage Act 2014 officially recognizes five types of marriages, each with some variations in how grounds for divorce are applied.

Civil Marriages

Civil marriages are conducted and registered by the Registrar of Marriages. In divorce in Kenya, they follow standard civil rules, with grounds for divorce based on irretrievable breakdown of the marriage through adultery, cruelty, desertion, exceptional depravity, or separation (2–3 years).

Christian Marriages

Licensed ministers solemnize Christian marriages according to church rites. In Kenya, divorces are treated similarly to civil marriages, requiring proof of the irretrievable breakdown of the marriage and following the same general divorce process in the Family Division of the High Court.

Customary Marriages

Customary marriages are based on the traditions of specific ethnic communities. In divorce in Kenya, dissolution often combines community-specific practices (such as failure to provide or infertility) with court procedures, while still requiring proof of irretrievable breakdown of the marriage.

Hindu Marriages

Hindu marriages are conducted according to Hindu rites and traditions. Divorce in Kenya for these unions recognizes traditional justifications alongside standard grounds for divorce like cruelty (physical, psychological, or emotional abuse), adultery, or desertion.

Islamic Marriages

Islamic marriages are governed by Islamic law and practices. Divorce in Kenya for these marriages incorporates Sharia law-compatible reasons, such as incompatibility, infidelity, or desertion, often involving religious procedures while still requiring formal court dissolution.

Understanding these differences is essential when filing for divorce or preparing a divorce petition, especially regarding ancillary relief issues such as child custody and matrimonial property division.

1. What are the Grounds for Divorce in Kenya?

In Kenya, divorce usually results from breaking trust or harmony in a marriage. The principal reasons, or “grounds,” of divorce in Kenya are provided in the Marriage Act, 2014. These include:

Adultery – The act of one spouse having a relationship outside of marriage.

Cruelty- Physical or emotional abuse of a spouse or children.

Desertion– A spouse leaves the other without any good reason for at least three years.

Irretrievable Breakdown– The marriage cannot be saved, and a two-year separation is frequently required.

Incurable Insanity– One of the spouses is suffering from an established and proven mental disorder, as determined by two doctors.

Imprisonment- A spouse has been imprisoned for seven years or longer.

Exceptional Depravity– extremely serious or outrageous misconduct by one spouse (such as severe abuse or moral wrongdoing) that justifies granting a divorce.

Variations for Islamic marriages/ Hindu marriages/ Customary marriages- grounds for divorce are religion and or community-specific and may include failure to provide financial support, infertility, adultery, or other practices.

Separation (living apart for 3 years)– this is a key fact proving the irretrievable breakdown of the marriage, after 3 consecutive years of living apart without reconciliation.

Irreconcilable Differences– the couple’s relationship has deteriorated beyond repair despite attempts at reconciliation.

Recent research shows adultery and financial difficulty remain key drivers of divorce in Kenya, with 30% of divorces granted by 2023 citing the former as the reason.

Emotional and physical violence also rank high, especially in urban areas that put greater economic pressure on relationships.

On public forums in Kenya, infidelity and neglect are usually cited as the top reasons for divorce in Kenya.

2. What is the Cost of Divorce in Kenya?

How much is a divorce in Kenya? In Kenya, divorce costs will differ from one case to another, depending on whether you will be using a divorce lawyer in Kenya.

Litigations can cost an average of KSh 50,000 to KSh 150,000 per uncontested divorce, while contested ones tend to be KSh 200,000 and above due to a long-standing court battle.

The fees charged by the court are relatively low, approximately KSh 10,000 to KSh 20,000, but the costs are aggregated from other incidentals like transport, document preparation and witness expense.

When striving to win a divorce claim, hiring the best lawyer in Kenya may help you get through the process faster and get the desired outcome, saving time and resources.

For instance, good law firms in Nairobi can charge Ksh 1000-5000 per hour for consultations.

You can represent yourself, but it’s fraught with risk because divorce in Kenya has many legal complexities.

3. How to File for Divorce in Kenya

The process for filing for a divorce in Kenya is straightforward, but one needs to be cautious with the documentation. Here is how to file for divorce in Kenya:

Step 1: Draft the Divorce Petition

This statement sets forth the reasons the divorce is requested and contains basic information about the marriage, including the date, place, and where any children will live.

Step 2: Collecting Supporting Documents

You will need the marriage certificate, proof of the grounds for your divorce (text messages for adultery or medical reports for insanity), and a verifying affidavit.

Step 3: File the Petition

Present the divorce petition form in Kenya at the High Court or Magistrate’s Court together with payment for divorce in Kenya (approximately KSh 10,000).

Step 4: Serve the Respondent

The other spouse receives the petition and then has 14 days to file their response, which can object to the divorce, or they may agree.

Step 5: Obtain Registrar Certificate

Following the response period, your divorce lawyer will seek this certificate to confirm that the case is ready for hearing.

Step 6: Appear in Court

Submit your evidence to establish the grounds for divorce under Kenyan law. It’s faster if it is not contested.

Step 7: Get The Decree

The court will grant you a Decree Nisi, and after 30 days, the Decree Absolute becomes the divorce order.

Although you can go through this process without a divorce lawyer in Kenya, representation protects rights that will not always be guaranteed, especially in the more complex cases where there are property and children.

4. Requirements for Divorce in Kenya

To get a divorce in Kenya, you need to fulfil specific requirements as per the Divorce Act in Kenya (included in the Marriage Act, 2014):

Length of Marriage

In a civil marriage, you file for divorce after three years, but courts have recently been willing to make exceptions in the most egregious cases.

Legally Recognised Marriage

The marriage must be valid under Kenyan law (Christian, civil, customary, Hindu or Islamic).

Evidence of Grounds

You must prove the grounds for divorce in Kenya through witness statements or documents.

Jurisdiction

One of the spouses must be domiciled in Kenya or a citizen of Kenya, and the petition is presented in the High Court or Magistrate’s Court.

For instance, to prove desertion, the petitioner must show the spouse has been gone for three years without consent.

Requirements and Documents for Filing for Divorce in Kenya

Divorce in Kenya requires careful preparation of the right documents to start the divorce process correctly.

The essential paperwork for filing for divorce includes:

A divorce petition (the main document stating the facts and grounds)

A verifying affidavit

Original or certified marriage certificate

A list of witnesses

Witness statements

Supporting evidential documents to prove the irretrievable breakdown of the marriage (such as evidence of adultery, cruelty, desertion, or separation).

These documents are usually filed at the Family Division of the High Court.

Filing fees apply, and the entire preparation and submission process is often handled by a qualified family law advocate or expert lawyer in Kenya to ensure accuracy and compliance with the Marriage Act 2014.

Proper documentation helps avoid delays in the dissolution of marriage and supports any claims for ancillary relief, such as matrimonial property division, child custody, or spousal maintenance.

Consulting a family law advocate early is highly recommended when pursuing divorce in Kenya, as it makes the process smoother and more efficient.

Some people are wondering if text messages or social media postings can back up allegations of cruelty or adultery. These are permissible, but they must be tested in court.

5. Difference Between Separation and Divorce in Kenya

Separation and Divorce are two separate legal matters in Kenya.

In a separation, spouses live apart without terminating the marriage, usually to create the space to attempt to resolve their problems.

In a divorce, however, the marriage is completely dissolved with a court-issued Decree Absolute permitting both parties to remarry.

Separation isn’t related to property distribution or spousal support, while divorce in Kenya deals with them. For instance, a couple who are separated are still married until the divorce is official, so neither can remarry.

In Kenya, separation is a precursor to divorce, and some prefer it since they don’t like the stigma associated with divorce in our conservative society (Kenya).

6. Customary Marriage and Divorce in Kenya

Divorce in Kenya Customary divorce in Kenya

It is also important to note that customary marriage and divorce in Kenya operate under special rules by Section 69 of the Marriage Act.

A divorce in a customary marriage may be ordered on the grounds of adultery, cruelty, desertion, an irretrievable breakdown of the union, or any other fact recognised under the community’s customs for the dissolution of the union.

For instance, in some black cultures in South Africa, witchcraft or continual theft may be a ground for divorce.

It is typically preceded by traditional dispute resolution mechanisms, such as mediation by elders, before a petition is filed in court.

If mediation doesn’t work, a divorce will proceed like any other type, with a petition brought to the Magistrate’s Court.

Customary Marriages Unlike Christian and civil unions, usually do not necessitate a three-year wait, so divorce under constitutional law in Kenya is slightly quicker.

However, women in customary marriages struggle to claim their property as patriarchal cultural norms on marriage and inheritance could easily lead to a breach of their rights.

7. Contested vs. Uncontested Divorce in Kenya

In Kenya, divorce can proceed as a contested or uncontested divorce, depending on whether both parties agree on key issues.

An Uncontested Divorce in Kenya

This occurs when the spouses reach a mutual agreement on all terms, including matrimonial property division, child custody, child maintenance, spousal maintenance (alimony), and other ancillary relief.

This makes the divorce process faster, cheaper, and less stressful. The couple submits their agreement to the Family Division of the High Court, which reviews the terms (ensuring they align with the best interests of the child and principles of fairness under the Matrimonial Property Act 2013 and Children Act) and grants the Decree Nisi, followed by the Decree Absolute for the dissolution of the marriage.

Contested Divorce in Kenya

This arises when there are disagreements over ancillary relief matters, such as matrimonial property division (based on financial and non-financial contributions), child custody, or spousal support.

In such cases, the divorce process involves complete court proceedings, including filing for divorce through a divorce petition, presenting evidence and witnesses at a court hearing, and a judicial determination.

The process may also include mediation, attempts at reconciliation, or counseling before final judgment.

Whether contested or uncontested, divorce in Kenya still requires proving an irretrievable breakdown of the marriage under the Marriage Act 2014.

8. How Long Does It Take to Get a Divorce in Kenya?

In Uncontested Divorces (Both parties agree), the filing typically takes 2 to 6 months. Contested ones, where property or custody of children is disputed, can take 6 months or more than a year, and lengthier if appeals are filed.

In a 2024 study of 100 divorce cases from 2014–2023, the average time for uncontested divorce was 4 months, and for contested cases, it was 10 months.

Delays usually stem from court delays, missing documentation, or intervention order mediations ordered by the court.

Appointing the best divorce lawyer in Kenya can expedite the process, as this ensures the documents are drafted in a sound and legally binding manner.

9. Consequences of Divorce in Kenya

Divorce has far-reaching effects in Kenya, both legally, financially, and emotionally. The marriage is terminated as both parties can remarry after the Decree Absolute.

Financially, you may be able to get spousal maintenance after divorce in Kenya, especially if your income is substantially less than that of your spouse. Maintenance ceases when the wife-recipient is remarried or is supporting herself.

Psychologically, divorce in Kenya could have an impact on children, who may experience changes of residence and custody. The child’s best interests guide the court and can award joint custody unless it finds one parent unfit.

Social stigma is also attached to divorce in some Kenyan communities, and may affect relationships with family or friends.

We hear often from divorcees in Kenya about how alone and isolated they feel after divorce and separation, so counselling should be a necessity.

10. Sharing Property after Divorce in Kenya

The Matrimonial Property Act, 2013 regulates property division after divorce in Kenya. Courts split matrimonial property, assets acquired during the marriage, according to the contribution of each spouse, which may include nonfinancial labour, like child rearing.

In 2023, the Supreme Court amended the rule, stating that property was not automatically shared equally; fairness was intended to be the guiding principle, considering what an individual contributed.

And problems emerge in traditional marriages, where women tend to forfeit the right to use clan land (because it’s not considered matrimonial property).

According to a 2020 Human Rights Watch report, 60% of women in two Kenyan counties had difficulty receiving property upon divorce due to discriminatory practices.

11. Divorce by Consent in Kenya

If the system remains fault-based, divorce by consent in Kenya will not be accepted. In many cases where both spouses agree to the divorce, the couple still exercises the option for one spouse to file a petition and the other not contest it, expediting the process.

Despite discussions about modernising the law, a 2025 High Court ruling reinstated the sovereignty of Parliament as the only source of no-fault divorce.

Final Thoughts

Divorce in Kenya is pretty challenging, but it can be straightforward if you know the legal processes, cost implications, and resource allocation involved. Every step must be carefully planned when petitioning for property division, particularly in customary marriages or contested cases.

Kenya’s divorce rate is growing, with a 2023 projection that 1 in 10 marriages ends in divorce, the result of shifting social norms and economic stress.

Whether you are wondering how to file for divorce in Kenya or want to learn about spousal maintenance, the right divorce attorney can have a considerable impact.

If you are on the brink of divorce, confide in a third party you trust and get counselling to help make the emotional fall more gentle.

FAQs:

Is There a Divorce Certificate in Kenya?

Yes, a divorce certificate is available in Kenya, and we call it the Decree Absolute. This is a court-issued document, and it verifies that the marriage is nullified by law.

It’s necessary when you want to remarry, change your name, or for applications, including passports and visas. You can get it from the court once your divorce is finalised, and it never expires unless the couple gets remarried to each other.

Who gets custody of the children after divorce in Kenya?

In Kenya, the court awards custody of children according to the child’s best interests, as the Children’s Act states.

Factors taken into account are the child’s age, level of emotional attachment to each parent and each parent’s capacity to meet the child’s needs.

Joint custody is typically awarded unless one of the parents is categorised as unfit, such as in cases of abuse or neglect.

How is spousal maintenance determined in Kenya?

Several factors are taken into consideration by the court when determining spousal maintenance, including the duration of the marriage, the financial needs and sources of income of each party, and the contributions of each spouse to the marriage (including non-economic contributions).

The idea is fairness; maintenance generally lasts until the recipient remarries or can support him or herself.

Do I need a lawyer to get a divorce in Kenya?

Although it is possible to self-represent in the divorce process in Kenya’s legal system, legal pitfalls are common. It is advisable to retain a lawyer, especially if the divorce is contested or there is a question of property division or child custody.

Hire a divorce attorney in Kenya, such as Chepchieng and Company Advocates. They can assist you in navigating the legal system, ensuring you have all of your paperwork in order, representing your interests, and reducing the chance of an adverse outcome or a delay.

May 13, 2025

Written By:

James Chepchieng

Advocate of the high court of kenya

Book An Appointment