I have been following media reports on the new Marriage Act 2014 but have been left confused following conflicting reports in the media. From a legal point of view, would you give me examples of what actions constitute an irretrievably broken down marriage and what does it mean to spouses? Nearly all media houses that scrambled to report on the new Marriage Act competed to explain why men could marry other wives without seeking permission and literally left majority of the public groping in the dark over other provisions. {Beth, Mombasa}
Dear Beth,
A marriage can be said to have been irretrievably broken down if either spouse commits adultery, is cruel to the other or to any of their children. It may also apply when a spouse willfully neglects the other for at least two years immediately preceding the date of presentation of the petition in court or spouses have been separated for at least two years (voluntarily or by a court order). According to the Marriage Act, it also applies when a spouse has been sentenced to a term of imprisonment for life or for seven years or more, suffers from incurable insanity – especially where two doctors, at least one of whom is qualified or experienced in psychiatry, have certified that the insanity is incurable or that recovery is improbable during the life time of the spouse. When a court certifies that a marriage has irretrievably broken down, the spouses are at liberty either to continue living together, file for separation or divorce.
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