Family and Children law
1. Separation, Divorce and Annulment of Marriage
We represent clients seeking judicial separation, annulment of marriage (for marriages not more than a year old) or divorce/dissolution of marriages. As separation, divorce and annulment of marriage can be emotionally exhausting for clients, we manage the entire process in such a way as to ensure the client is protected throughout the process. We offer complimentary counselling and therapy sessions for clients through our resident counsellor to enable clients go through the process.
2. Child Custody and Maintenance
We have a proven track record in representing clients in child custody and maintenance cases. Our focus is the best interest of the child and we advice clients on the best legal and social cause of action to secure the best interest of clients. We offer a unique “Child law cover” for clients. Under this service, we bill clients only once but remain liable to represent clients on any legal issue involving their child for as long as the child remains a minor, without the client incurring additional expenses in legal fee.
We represent clients in enforcement of maintenance orders through court processes. In doing this, we work with a team of investigators who trace all assets, of a defaulting parent for purposes of enforcing the necessary child maintenance orders. We have built the necessary networks with the Child Protection Unit at the Directorate of Criminal Investigation as well as the Directorate of Children Services (DCS) for purposes of securing the interests of the children of our clients.
3. Matrimonial Property Distribution
We advice our clients on the distribution of matrimonial property upon dissolution of marriage. The Matrimonial Properties Act provides that distribution of matrimonial property in Kenya, as a preliminary rule, is based on contribution of spouses. We guide clients, taking into account their peculiar circumstances, on the nature and amount of claim they can raise on matrimonial property.
We further represent clients who are threatened of, or already evicted illegally and unlawfully from their matrimonial property. We further represent clients in obtaining the necessary orders to preserve matrimonial property from a spouse or partner who may wish to dispose of the same without consent.
4. Protection against Domestic Violence
Domestic violence is an unfortunate occurrence especially in African communities. Our team helps clients who have been subjected to domestic violence to seek redress and justice. We walk with survivors step by step from hospital to police stations and to court. For survivors who may need temporary shelters, we do organize for such shelters in conjunction with various organizations.
The Protection Against Domestic Violence Act (PADVA) provides clients with access to restraining and protective orders. These orders do not only benefit clients, but also extend to their children and dependants. We enable clients to obtain peace of mind by helping clients to obtain the necessary restraining orders. We also aid clients in seeking compensation for any type of domestic violence they may experience.
5. Succession, Probate, Administration and Estate Planning.
As part of our services, we guide clients through the process of drafting , attestation, execution, sealing and depositing of their last will and testament. A properly drafted will prevents unnecessary court litigation once a person is deceased. We ensure that a client’s will conforms to the requirements of the law as regards property distribution to dependants. We further offer will-reading services once a client is deceased and representation to the executors of the will in obtaining a grant of probate at the High Court.
For persons who died without a will (intestate), we offer representation to proposed administrators who would need to seek a grant of letters of administration before proceeding to administer the estate of the deceased.
Our estate planning practice offers clients advice on putting their house and affairs in order before passing away. This involves the following:
- Drafting and execution of proper wills
- Setting up a trust for the administration of property in case a client does not wish to write a will. We guide clients and help them set up a trust for property, especially for the benefit of any surviving children. Trust property is usually exempted from succession property.
- Appointment of Guardians by Deed: We help clients legally appoint guardians for their children while alive, to avoid a case where surviving relatives contest on who to have the children.