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Kenya Family Legal Questions answered by Lawyers

Browse our 1 legal question about Family in Kenya and the lawyer answers, or ask your own questions for free.

what constitutes a "house" in succession matters? what if the said wife got divorced and later died.she did not get buried in any land of the former husband?.
Family
Marriage
Divorce & Separation
Good morning,Thank you for your question please see our response below.The concept of 'House' works in polygamous marriages. From the facts provided, it can be said there was no polygamy as the mother of the two children was legally divorced. However, the two children are considered under the Law as children of the deceased and the law provides that all children of the deceased are equal.In this case, the estate of the deceased would be divided equally among the 7 children and the widow would inherit the personal effects of the deceased and life interest in the estate of the deceased.Should you have any questions or clarifications please do not hesitate to contact us directly Thank you.

About Family Law in Eldoret, Kenya

Family law in Eldoret, Kenya encompasses a wide range of legal issues related to family relationships, such as marriage, divorce, child custody, adoption, and inheritance. The laws governing family matters in Eldoret are primarily based on customary and statutory laws that aim to protect the rights and well-being of individuals within the family unit.

Why You May Need a Lawyer

There are several situations where you may require the services of a family lawyer in Eldoret, such as divorce proceedings, child custody disputes, drafting prenuptial agreements, or handling issues related to inheritance. A family lawyer can provide you with legal advice, represent you in court, and ensure that your rights are protected throughout the legal process.

Local Laws Overview

In Eldoret, Kenya, family law is governed by various statutes, including the Marriage Act, the Matrimonial Property Act, the Children Act, and the Law of Succession Act. These laws outline the rights and responsibilities of individuals in family relationships, as well as the procedures for resolving disputes related to family matters.

Frequently Asked Questions

Q: How do I file for divorce in Eldoret, Kenya?

A: To file for divorce in Eldoret, Kenya, you must meet the residency requirements, complete the necessary forms, and submit them to the court along with the required fees.

Q: How is child custody determined in Eldoret, Kenya?

A: Child custody decisions in Eldoret are based on the best interests of the child, taking into account factors such as the child's age, health, and relationship with each parent.

Q: What is the process for adopting a child in Eldoret, Kenya?

A: The process for adopting a child in Eldoret involves obtaining consent from the child's biological parents or legal guardians, undergoing an assessment by the Adoption Committee, and obtaining a court order approving the adoption.

Q: How can I protect my assets in a marriage in Eldoret, Kenya?

A: You can protect your assets in a marriage in Eldoret by entering into a prenuptial agreement that outlines how assets will be divided in the event of a divorce.

Q: What are my rights as a parent in Eldoret, Kenya?

A: Parents in Eldoret have the right to make decisions regarding their child's upbringing, education, health, and welfare, as long as these decisions are in the best interests of the child.

Q: How are inheritance disputes handled in Eldoret, Kenya?

A: Inheritance disputes in Eldoret are typically resolved through the probate process, where the court determines the validity of a will and how assets should be distributed among heirs.

Q: Can a family lawyer help with domestic violence cases in Eldoret, Kenya?

A: Yes, a family lawyer can help victims of domestic violence in Eldoret obtain protection orders, file for divorce, and pursue criminal charges against the abuser.

Q: What is the process for changing a child's name in Eldoret, Kenya?

A: To change a child's name in Eldoret, you must obtain consent from both parents, file a formal application with the court, and provide a valid reason for the name change.

Q: How can I enforce a child support order in Eldoret, Kenya?

A: You can enforce a child support order in Eldoret by filing a motion with the court, which may result in the garnishment of the non-paying parent's wages or assets.

Q: What are the grounds for annulment in Eldoret, Kenya?

A: The grounds for annulment in Eldoret include fraud, impotence, mental incapacity, or the existence of a previous marriage that was not legally dissolved.

Additional Resources

For more information and assistance with family legal matters in Eldoret, Kenya, you can contact the Eldoret Law Society, the Ministry of Gender, Children, and Social Development, or the Legal Aid Board.

Next Steps

If you require legal assistance in family matters in Eldoret, Kenya, it is recommended to consult with a qualified family lawyer who can provide you with personalized advice and representation based on your specific situation.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.