Published: Wed, May 16, 2018
Global News | By Blake Casey

Blow as court rejects 50/50 wealth split on divorce

Blow as court rejects 50/50 wealth split on divorce

Gold diggers: Better think twice.

It wanted spouses to split the property equally, but the judge said this would open the door for people to enter into marriages and walk out in the event of divorce with more than they deserve.

Last week, the country's Supreme Court ruled it had no jurisdiction to hear a case between a divorced couple, where the woman wanted the ex-husband to pay her alimony.

Justice John Mativo in his ruling said, although the constitution recognizes equality between a man and a woman in marriage, matrimonial property should not be a loophole that will be exploited by fortune seekers to reap where they did not sow.

"Ownership of matrimonial property vests in the spouses in equal shares irrespective of the contribution of either spouse towards its acquisition, and shall be divided equally between the spouses if they divorce or their marriage is otherwise dissolved", the organization stated in its petition.

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Fida was concerned that women were disadvantaged by the law as, since majority are housewives, their contribution to the acquisition of property can not be monetised.

However, the court dismissed claims that the law infringes on the right to property.

He said the law does not offend any of the provisions of the Constitution as alleged by Fida, nor does the section contradict any of the provisions of the Act.

But Justice Mativo noted that the drafters of the Act were conscious of this and included in the law a clear definition of non-monetary contributions.

Lawyer Dunstan Omari said spouses should be document each transaction in case of a divorce to prove their investment in the marriage.

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