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Blow to FIDA as push for divorced couples to share wealth equally is thrown out

By Hillary Orinde | May 14th 2018
A couple holds hands: FIDA  has lost a case in which it prayed a court to rule that upon divorce, couples should automatically share familty wealth  equally. [Courtesy]

Couples will not have to share their wealth equally upon divorce after High Court on Monday upheld the Marriage, Properties Act.

In a landmark ruling, Justice John Mativo rejected the Federation of Women Lawyers’ (FIDA) application for the repeal of section 45 (3) of the Act, that states couples should get what they contributed to family wealth.

The judge noted that one could not walk into marriage and walk away out with more than they deserved.

Justice Mativo in the ruling added that if the court allowed the request by FIDA, it would create a loophole allow fortune seekers to seek benefit where they did not sow.

FIDA  argued the law unfairly discriminated against women whom it said were always more disadvantaged after the dissolution of marriages.

Mativo however dismissed this claim adding that it benefited and protected those who work hard and create family wealth.

The case generated public interest, given the kind of debate the law generated when it was first introduced in Parliament in 2013.

It also came at a time when the country is seeing a surge in divorce cases.

More to follow

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