Divorce & Separation


Divorce is the legal dissolution of a marriage. Under the Marriage Act 2014, a party to a marriage can petition the court for a decree for the dissolution of the marriage on the ground of— 

  • One or more acts of adultery committed by the other party;
  • Cruelty, whether mental or physical, inflicted by the other party on the petitioner or on the children, if any, of the marriage; or
  • Desertion by either party for at least three years immediately preceding the date of presentation of the petition;
  • Exceptional depravity by either party;
  • The irretrievable breakdown of the marriage


A party to the marriage may also petition the Court for separation of the parties based on similar grounds as the divorce petition. Parties to the marriage are granted a decree of judicial separation. It can provide spouses who are not sure if they want to divorce, time to reflect and make a decision about their marriage. 

At Judy Thongori & Co. Advocates we are able to provide guidance and advice to our clients on whether divorce or separation would better suit them.


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