Couples who divorce to share what they accrued together

Couples show their wedding rings./FILE

Gold diggers: Better think twice.

Judge Mativo was quoted as saying, "a person can not walk into a marriage and then walk out with more than what they deserve".

Other laws which safeguard the rights of spouses to matrimonial property are the Land Act and Land Registration Act, both of which require the consent of a spouse for the transfer or charge of a matrimonial home.

The organisation wanted the court to have the law repealed so that spouses can share wealth on a 50/50 basis, regardless of their contributions during the marriage.

But presiding Judge Justice John Mativo is quoted as saying, "a person can not walk into a marriage and then walk out with more than what they deserve".

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"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.

The Federation of Women lawyer (Fida) is not happy with the ruling and has promised to challenge it calling it unfair discrimination against women.

Justice Mativo further ruled that the section does not offend any sections of the Constitution.

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.

Reacting to the decision, lawyer John Chigiti said, "Many times a spouse who is not contributing financially is normally the spouse who is contributing indirectly in form of taking care of children, estates, properties and love". Fida said it will appeal the court's decision.

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