Best Family Lawyers in Mombasa

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Adroit Law LLP

Adroit Law LLP

Mombasa, Kenya

Free Consultation: 15 mins


Founded in 2021
7 people in their team
Empowering Solutions: A Premier Female-Owned Boutique Law FirmWelcome to our distinguished female-owned boutique law firm, where excellence in...
English
TSOFWA MWENI ADVOCATES

TSOFWA MWENI ADVOCATES

Mombasa, Kenya

Founded in 2020
50 people in their team
All about Tsofwa Mweni AdvocatesTsofwa Mweni Advocates is a mid-sized law firm based in Mombasa’s prestigious environs of Nyali founded in July...
Swahili
English
Obara & Obara Advocates

Obara & Obara Advocates

Mombasa, Kenya

Founded in 2002
50 people in their team
Obara & Obara Advocates is a well-known and reputable Kenyan legal company that was founded 20 years ago.We are dedicated to delivering...
Swahili
English
Sherman Nyongesa & Mutubia Advocates

Sherman Nyongesa & Mutubia Advocates

Mombasa, Kenya

Founded in 2006
18 people in their team
Sherman Nyongesa & Mutubia Advocates is situated at Mombasa Trade Centre (formerly known as Ambalal House) Phase I, 5th Floor Nkrumah Road,...
Swahili
English
John Bwire & Associates Advocates

John Bwire & Associates Advocates

Mombasa, Kenya

Founded in 2017
50 people in their team
The life of a company is over time. This entity lives, develops, experiences changes. It must therefore constantly evolve with the legal framework....
Swahili
English
Kinyua Muyaa & Co Advocates

Kinyua Muyaa & Co Advocates

Mombasa, Kenya

Founded in 2010
50 people in their team
KINYUA, MUYAA & CO. Advocates was registered in June, 2010. It is a compact law firm that has taken its rightful place in the private practice of...
Swahili
English

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 Mombasa, Kenya

Family law in Mombasa, like the rest of Kenya, is derived from various sources including statute law, customary law, Islamic law, and Hindu law. Family law typically covers matters relating to marriage, separation, divorce, child custody, and inheritance. The specific regulations and procedures can vary significantly depending on the individual's cultural and religious background. Understanding family law in this context can be complex, and it may be necessary to seek legal counsel to assist in these matters.

Why You May Need a Lawyer

Regardless of your background, you may need a family lawyer in Mombasa in several scenarios. This includes navigating complex family legal matters such as filing for divorce, negotiating child custody and support disputes, settling estates and inheritances, handling domestic abuse cases and even helping with the process of marriage/dowry negotiation in certain cultures. A family lawyer can provide advice and representation to ensure your rights are acknowledged and protected in all family-related legal matters.

Local Laws Overview

Kenyan family law is quite diverse due to its association with various cultural and religious practices. For instance, customary and Islamic laws recognize polygamous marriages, which are governed by different regulations compared to monogamous marriages. Similarly, inheritance and succession rights vary across different communities. It's important to note that, generally, children's rights are given high priority in any dispute, with their best interests being of paramount concern. Kenya's Marriage Act 2014 and Children's Act 2001 are among the notable laws in this field.

Frequently Asked Questions

1. Can I file for divorce in Mombasa under any circumstances?

Yes, you can; however, the reasons and process may vary based on whether you're in a civil, customary, Christian, Hindu, or Muslim marriage. Some reasons include cruelty, adultery, and desertion. It's advisable to consult a lawyer for guidance.

2. Who gets custody of the children after divorce?

According to the Kenyan Children's Act, child custody decisions are based on the best interests of the child. This might be joint or single-parent custody, depending on various factors like the child's age and parents' circumstances.

3. Do I need a lawyer to draft a prenuptial agreement?

While it's not mandatory, it's strongly advisable to have a lawyer to ensure it adheres to legal standards and truly protects your interests.

4. Can I represent myself in family court?

Yes, you can 'self-represent' but this is not recommended due to the complex nature of family law matters. A lawyer can help advocate for your rights better.

5. Does Kenyan law recognize same-sex marriages?

No, same-sex marriages are not recognized under Kenyan law. Section 3 of the Kenya Marriage Act specifically establishes marriage as between a man and a woman.

Additional Resources

The Judiciary of Kenya website provides a wealth of information pertaining to family law, including guides and legal forms. The Federation of Women Lawyers (FIDA) Kenya can also provide resources and assistance, especially to women and children in need.

Next Steps

If you're faced with a family law issue in Mombasa, start by seeking legal counsel. You can find a lawyer through local legal firms, online directories, or through referral entities like FIDA. It's recommended to choose one who specializes in family law and is familiar with the specific legal context of Mombasa. Remember to bring all necessary documents and provide a clear history of the situation for the best advice and representation.

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.