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Married People - Should we beware of new constitution?
John Kamau
#1 Posted : Wednesday, July 28, 2010 1:56:53 PM
Rank: New-farer


Joined: 7/28/2010
Posts: 8

Hi All

I make my humble contribution to this website to get your feedback on one issue I have been dealing with.

I married a 21yr old lady 2yrs ago. I am 35. AS always the 1st year was bliss but I got to see her true colours in the last year. Not only has she refused to work but she also refused to get kids (she is medically ok)

My issue is when by the time we got married I had bought a 5ac plot in Syokimau which is in my name. After we got married I took a mortquage in my name to buy the apt we live in. Now I want a divorce. My predicament is this new constitution.

CHAPTER FOUR - THE BILL OF RIGHTS
Section 45, says Parties to a marriage are entitled to equal rights at the time of the marriage, during the marriage and at the dissolution of the marriage.

My issue is, does the above mean that i will have to give her half of what I have.

This I foresee will be an problem issue for progressive men and women in future esp from gold diggers.
real cindano
#2 Posted : Wednesday, July 28, 2010 2:07:10 PM
Rank: New-farer


Joined: 6/1/2010
Posts: 86
Location: Zimbalabala
My advice to you .............
Is grow a pair of ................
Big hairy balls ..............
Why did you marry her ............
Vote yes for the constitution ..............
And stop getting your panties in a twist .................
centerbolt
#3 Posted : Wednesday, July 28, 2010 2:23:38 PM
Rank: Member


Joined: 2/26/2010
Posts: 108
Location: Jabini
@John, divorce her before August 4th.....otherwise pole sana
PONDI
#4 Posted : Wednesday, July 28, 2010 2:24:14 PM
Rank: Veteran


Joined: 5/8/2007
Posts: 885
@kamau... welcome. you claim she is medically ok to conceive. are you? if your wife is that young, use your experience to outsmart her. you could 'sell' the plot... go home na sale agreement etc and lie you re-paid debts etc.. or transfer title to your mum, before you institute divorce proceedings.
Mpenzi
#5 Posted : Wednesday, July 28, 2010 2:32:37 PM
Rank: Veteran


Joined: 10/17/2008
Posts: 1,234
What you owned BEFORE you got married in yours. But she can claim half of what you have bought since you married. Even under current Constitution. Go see a good lawyer before you institute divorce proceedings.
Impunity
#6 Posted : Wednesday, July 28, 2010 2:40:27 PM
Rank: Elder


Joined: 3/2/2009
Posts: 26,168
Location: Masada
Thank God no kid has popped up in your two year sojourn!
Even if u owned the house u r living in, she would not have a portion of it.Its children who normally complicates issues in divorce settlement.
But is she ready for divorce?
Under what grounds are u divorcing her?
The fact that she has refused to shika mpira doesn't hold any ground for divorce in Kenya.
Please look for another good reason to leave her.
All the best and sorry for your short married life.
It happens sometimes.
Portfolio: Sold
You know you've made it when you get a parking space for your yatcht.

kizee
#7 Posted : Wednesday, July 28, 2010 2:48:30 PM
Rank: Member


Joined: 1/9/2008
Posts: 537
ur 35 and shes 23? where is the problem? to be honest i didnt get beyond this stage of ur post
Ondiek
#8 Posted : Wednesday, July 28, 2010 3:05:53 PM
Rank: Member


Joined: 6/21/2009
Posts: 292
You do not have to go as far as the constitution. Even under the current family laws and case law.The court would still award her part of your property even though she did not contribute to it financially.

Question though is what is your ground for divorce as this can only be adultery, cruelty/desertion and non-consummation of the marriage.
kizee
#9 Posted : Wednesday, July 28, 2010 3:16:17 PM
Rank: Member


Joined: 1/9/2008
Posts: 537
this thread is rather useless without pics..of her
Impunity
#10 Posted : Wednesday, July 28, 2010 3:23:50 PM
Rank: Elder


Joined: 3/2/2009
Posts: 26,168
Location: Masada
Ondiek wrote:
You do not have to go as far as the constitution. Even under the current family laws and case law.The court would still award her part of your property even though she did not contribute to it financially.

Question though is what is your ground for divorce as this can only be adultery, cruelty/desertion and non-consummation of the marriage.


Laughing out loudly Laughing out loudly Laughing out loudly Laughing out loudly Laughing out loudly
Laughing out loudly Laughing out loudly Laughing out loudly Laughing out loudly Laughing out loudly
Applause Applause Applause Applause Applause
Applause Applause Applause Applause Applause

Portfolio: Sold
You know you've made it when you get a parking space for your yatcht.

callaspade
#11 Posted : Wednesday, July 28, 2010 3:29:00 PM
Rank: Veteran


Joined: 11/12/2009
Posts: 925
...hio ni kama ABC..
....sell that plot and put the money in your socks (which is an offence under the new CBK regulations)
.......take her to Mombasa to the cheapest hotel without aircon for a holiday.
......Give your brother the apartment key and move houses to Kayole.....Rent out the apartment.
...after coast,sell your car and start javelin with her....
.........and please do not try this at home.....get another 21 year old Laughing out loudly also dont follow my advice and sue me ! Goodluck and lets meet after
Impunity
#12 Posted : Wednesday, July 28, 2010 3:34:49 PM
Rank: Elder


Joined: 3/2/2009
Posts: 26,168
Location: Masada
callaspade wrote:

...after coast,sell your car and start javelin with her....


Javelin??
Literally or what?
smile smile smile
smile smile smile
Portfolio: Sold
You know you've made it when you get a parking space for your yatcht.

Robinhood
#13 Posted : Wednesday, July 28, 2010 3:39:50 PM
Rank: Elder


Joined: 12/11/2008
Posts: 2,306
Weeeee Kizee!!!! Kwani you want to inherit the dude's mess?

@John K Msee wangu, Marriages with such an age diff tend to have major issues unless both partners are very committed. Both of you just never get to see things the same way. It may be best to just part ways. That said, just prepare to pay for your mistake as she will take some of your property with her on divorce. A smart lawyer may be able to help you ensure that the financial paid is minimal.
Great men are not always wise, neither do the aged understand judgement...
Blackberry
#14 Posted : Wednesday, July 28, 2010 3:59:35 PM
Rank: Member


Joined: 11/9/2007
Posts: 420
Location: Nairobi
I tend to agree with Kizee.....
kizee wrote:
ur 35 and shes 23? where is the problem? .........


.....John what arent you telling?? Lazima shida iko elsewhere....

Opinion is free, truth is sacred.




John Kamau
#15 Posted : Wednesday, July 28, 2010 4:26:09 PM
Rank: New-farer


Joined: 7/28/2010
Posts: 8
I am sure the issue may not be with me or her. She just refuses. She just wants to have fun.

Anyway, to say the truth I believe I married a gold digger. Looking back, her back ground was really modest and she was down to earth. Any of you guys (esp. Kizee) would have fallen for her. I know she met some mamas in our Apt block who have really poisoned her with lots of crap.

About the grounds of divorce, i dont know. Maybe Ill just separate.

Seroiusly whats the legal position according to this new constitution.
Mpenzi
#16 Posted : Wednesday, July 28, 2010 4:37:29 PM
Rank: Veteran


Joined: 10/17/2008
Posts: 1,234
John Kamau,

You really should read the posts above before asking more qtns as you have already been answered. Whether or not the Proposed Constitution passes is largely irrelevant to your situation. Like I stated above, under the existing marriage laws, what you brought into the marriage is yours, anything acquired after marriage - she can claim a portion thereof.

But seems you cant prove any ground for divorce so you are stuck.
Wendz
#17 Posted : Wednesday, July 28, 2010 4:53:36 PM
Rank: Elder


Joined: 6/19/2008
Posts: 4,268
John Kamau wrote:

Seroiusly whats the legal position according to this new constitution.


If you really really really need help, the answers above are sufficient to help you move to the next level.
kizee
#18 Posted : Wednesday, July 28, 2010 5:08:01 PM
Rank: Member


Joined: 1/9/2008
Posts: 537
John Kamau wrote:
I am sure the issue may not be with me or her. She just refuses. She just wants to have fun.

Anyway, to say the truth I believe I married a gold digger. Looking back, her back ground was really modest and she was down to earth. Any of you guys (esp. Kizee) would have fallen for her. I know she met some mamas in our Apt block who have really poisoned her with lots of crap.

About the grounds of divorce, i dont know. Maybe Ill just separate.

Seroiusly whats the legal position according to this new constitution.



so will u send me a pic of her at least Laughing out loudly ...anywho u married a 21 yr old? thats quite brave my man sorry to say lakini she isnt in the same place as u..she definately doesnt want a kid who will slow down her partying as for the job..does she hav qualifications...anyway stop complainin if she luks anytg as u say i wud appreciate i must insist that u take one for the team!...divorce/seperation...only as a last resort
Jaina
#19 Posted : Wednesday, July 28, 2010 5:33:10 PM
Rank: Member


Joined: 5/13/2008
Posts: 558
JK
You have a serious problem.
And that problem is you, not her.
Pliz,pliz leave the Katiba out of your marriage mess.

I fail to understand how you can live with a 21yr old for 2 years and she fails to get pregnant if she's medically OK.

You have a story you are hiding and some flimsy excuses about mama's in apartment, ati she is refusing to have a baby, ati she's a gold digger etc.

What exactly is your problem with her?. Failing to get kids or refusing to work or what?. or mama's in your apartment spoiling her or Katiba?.





John Kamau
#20 Posted : Wednesday, July 28, 2010 6:01:35 PM
Rank: New-farer


Joined: 7/28/2010
Posts: 8
I iknow I am sawa in that dept as I have a 5yr old son from a previous r/ship who I support at arms length.

Looks like the best deal is from Pondi who I never thought Id be taking advise from. Hawo wengine kina Kizee are just mahungry.

I have not separated this issue from the katiba as this is the issue bothering me most, not abortion, not devolution, not land holding etc.

By talk as you may but what goes around comes adound.
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