This last scenario leads to a wide range of possible situations that could lead to the court deciding that marriage is irretrievable. The court can decide if a marriage is irretrievably broken down.
The threshold to prove irretrievable breakdown of marriage
The threshold for the irretrievable breakup of marriage has been set by courts. A spouse must prove that it is not possible or tenable for them to continue married together because of the end of their marital relationship. All issues in the marriage must be taken together to show that the marriage is at an irretrievable end.
the point that it is not possible to save by the spouses involved.
The court will then examine the degree of:
5. Communication breakdown
6. Inability to resolve problems.
7. Time of physical separation
8. The marital home is not for desertion
9. Supas have emotional needs
10. Inability to perform matrimonial/marital duties
11. Probability of marital offense being solved
Here are some examples of situations that could lead to the irretrievable collapse
1. Cheating on a spouse
2. Bullying one’s spouse
3. Neglecting or failing to take care of one’s family obligations despite having the ability
4. Incurable Specified Illnesses: This can lead to a burdensome family life
5. Incessant arguing
6. For a long time, abandoning your family home
8. Emotional abuse
9. Contemptuous treatment.
How can you prove an irretrievable marriage breakdown?
No matter if a divorce case is contested or not, the grounds must be proven to the court on a balance the probabilities so that the court is persuaded after hearing testimony that the events that led to the divorce actually occurred and have irreparably damaged the marital relationship.
The Court cannot grant a divorce decree on the ground of irretrievable marriage if the divorce is not contested or undefended.
Kenya uses a fault-based divorce system. This means that your spouse must prove marital misconduct as per the Marriage Act. Your assertions of irretrievable breakdown must be within the acceptable threshold for divorce courts. You, the petitioner, can work with a skilled family law lawyers surrey to craft the petition that contains this ground. This will help you make your petition more convincing based on your testimony and increase the chance of a judge issuing a divorce decree. A poorly prepared petition can lead to the court declaring that your grievances, while irritating or annoying, do not qualify for the irretrievable marriage breakdown. You will therefore not be granted a decree. It is unlikely that the court will accept a complaint from your spouse, or even occasional arguments between spouses, stating that your marriage is irretrievably insolvent. A simple statement that your marriage is irretrievably insolvent without showing the behavior of your spouse will not be sufficient to support your case.
In essence, the misconduct must be proven and shown. The threshold must also be met. While the list of scenarios that fall within the threshold is too broad to be exhaustive, it is still a threshold.