Process of registering foreign divorces in Kenya.

A foreign divorce is a divorce decree, judgment, or order issued by a court or competent authority outside Kenya dissolving or annulling a marriage previously celebrated in Kenya.

The registration process is provided for under Section 61 of the Marriage Act and flows as follows:-

Step 1: Obtaining a certified copy of the Foreign Divorce Decree. Certification threshold for the divorce decree serves as a formal prove that the decree is final and has not been subject to any appeal thereof.

Step 2: Translation Requirement. If the divorce decree is not in Kenya’s official language, it must be translated and a certificate of translation annexed therewith.

Step 3: Declaration by Foreign Legal Practitioner. It is made under the law of the foreign country where the divorce decree was passed categorically stating that the decree is effective in that country. The declaration prevents forged decrees, ineffective divorces and also interlocutory decrees.

Step 4: Application to the Registrar. The application is made using Form MA24. It informs the registrar of the subsisting divorce decree and requests him to register the decree. The application is accompanied by a certified decree, translations, declaration of effectiveness, supporting identity and marriage documents including ID’s and marriage certificates.

Step 5: Registrar’s Inquiry and Satisfaction. Section 61(2) provides that the registration is only effected where the Registrar is satisfied that a decree under this section should be recognized in Kenya. The phrase “satisfied” grants the Registrar discretionary evaluative authority.

Step 6: Registration of the Decree. Once satisfied, the Registrar registers the decree and updates the marriage register.

The foreign divorce then acquires official recognition in Kenya.

Conclusion.

At Siyasa and Company Advocates, we can efficiently help you in registering your foreign divorce to attain its enforceability status in Kenya. We have a seasoned, competent and esteemed team ready to serve you diligently. Conduct us for further assistance.

Disclaimer: “This article is for informational purposes only and does not constitute legal advice. For inquiries, please contact Siyasa and Company Advocates.”

-Contributed by-

-Francis Kitheka-