hivi vitu huwa havifundishwi kwenye mafunzo ya ndoa ni vizuri kabla ujafunga ndoa uombe ushauri kwa wanasheria then ndio uende kwa viongozi wa dini, green light usijenge kwenye hicho kiwanja, labda kiandikwe majina mawili, kuhusu kuandika majina ya watoto si shauri for the reason i withheld until further request.
sheria ya ndoa hiyo hapo
56. Rights and liabilities of married women
A married woman shall have the same right as has a man to acquire, hold and dispose of property, whether movable or immovable, and the same right to contract, the same right to sue and the same liability to be sued in contract or in tort or otherwise.
58. Separate property of husband and wife
Subject to the provisions of section 59 and to any agreement to the contrary that the parties may make, a marriage shall not operate to change the ownership of any property to which either the husband or the wife may be entitled or to prevent either the husband or the wife from acquiring, holding and disposing of any property.
59. Special provisions relating to matrimonial home
(1) Where any estate or interest in the matrimonial home is owned by the husband or the wife, he or she shall not, while the marriage subsists and without the consent of the other spouse, alienate it by way of sale, gift, lease, mortgage or otherwise, and the other spouse shall be deemed to have an interest therein capable of being protected by caveat, caution or otherwise under any law for the time being in force relating to the registration of title to land or of deeds.
(2) Where any person alienates his or her estate or interest in the matrimonial home in contravention of subsection (1), the estate or interest so transferred or created shall be subject to the right of the other spouse to continue to reside in the matrimonial home until
(a) the marriage is dissolved; or
(b) the court on a decree for separation or an order for maintenance otherwise orders,
unless the person acquiring the estate or interest can satisfy the court that he had no notice of the interest of the other spouse and could not by the exercise of reasonable diligence have become aware of it.
(3) Where any estate or interest in the matrimonial home is owned by the husband or by the wife and that husband or wife, deserts his or her spouse, the deserted spouse shall not be liable to be evicted from the matrimonial home by or at the instance of the husband or the wife, as the case may be, or any person claiming through or under him or her, except
(a) on the sale of the estate or interest by the court in execution of a decree against the husband or wife, as the case may be; or
(b) by a trustee in bankruptcy of the husband or wife, as the case may be.
(4) Nothing in this section shall be construed as affecting any of the provisions of the Rent Restriction Act *, conferring upon a party to a marriage the right of continuing to reside in any premises of which her or his spouse or former spouse is or was a tenant.
60. Presumptions as to property acquired during marriage
Where during the subsistence of a marriage, any property is acquired
(a) in the name of the husband or of the wife, there shall be a rebuttable presumption that the property belongs absolutely to that person, to the exclusion of his or her spouse;
(b) in the names of the husband and wife jointly, there shall be a rebuttable presumption that their beneficial interests therein are equal.
61. Gifts between husband and wife
Where, during the subsistence of a marriage, either spouse gives any property to the other, there shall be a rebuttable presumption that the property thereafter belongs absolutely to the donee.
114. Power of court to order division of matrimonial assets
(1) The court shall have power, when granting or subsequent to the grant of a decree of separation or divorce, to order the division between the parties of any assets acquired by them during the marriage by their joint efforts or to order the sale of any such asset and the division between the parties of the proceeds of sale.
(2) In exercising the power conferred by subsection (1), the court shall have regard
(a) to the customs of the community to which the parties belong;
(b) to the extent of the contributions made by each party in money, property or work towards the acquiring of the assets;
(c) to any debts owing by either party which were contracted for their joint benefit; and
(d) to the needs of the infant children, if any, of the marriage,
and subject to those considerations, shall incline towards equality of division.
(3) For the purposes of this section, references to assets acquired during the marriage include assets owned before the marriage by one party which have been substantially improved during the marriage by the other party or by their joint efforts.
115. Power of court to order maintenance for spouse
(1) The court may order a man to pay maintenance to his wife or former wife
(a) if he has refused or neglected to provide for her as required by section 63;
(b) if he has deserted her, for so long as the desertion continues;
(c) during the course of any matrimonial proceedings;
(d) when granting or subsequent to the grant of a decree of separation;
(e) when granting or subsequent to the grant of a decree of divorce;
(f) where the parties were married in Islamic form, for the customary period of iddat following the date on which the divorce takes, or is deemed to have taken, effect;
(g) if, after a decree declaring her presumed to be dead, she is found to be alive:
Provided that where the marriage has been dissolved, the wife shall not, unless the court for special reason so directs, be entitled to maintenance for herself for any period following the date when the dissolution takes effect.
(2) The court shall have the corresponding power to order a woman to pay maintenance to her husband or former husband where he is incapacitated, wholly or partially, from earning livelihood by reason of mental or physical injury or ill-health, and the court is satisfied that having regard to her means it is reasonable so to order.
(3) The power to order maintenance in the cases referred to in paragraphs (d), (e), (f) and (g) of subsection (1) shall extend to cases where the decree was granted by a foreign court, if it is one which is recognised as effective under the provisions of section 91 and, for this purpose, a declaratory decree recognising as effective a divorce obtained otherwise than by decree of a court shall be deemed to be a decree of divorce.