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Divorced Women can’t demand half of husband’s property – High Court

The women lawyers’ lobby has lost a court battle to have marriage partners automatically share wealth on 50:50 basis upon divorce.

The High Court on Monday rejected Federation of Women Lawyers’ application to declare the Matrimonial Properties Act unconstitutional.

Judge John Mativo ruled that parties to a marriage are entitled to their individual share of contribution to family wealth.

Fida wanted the Act declared unconstitutional because it provides for property to be shared based on partners’ contribution.

Judge John Mativo said division of property does not mean that property will be divided equally, including to those who do not contribute.

“The bigger the contribution by a partner in a relationship, the bigger the entitlement upon divorce,” Justice Mativo said.

The Judge said if the court allowed the request by Fida, it would create a loophole to allow fortune seekers to contract marriage, stress it and wait for an opportunity to reap where they did not sow.

He said the law does not discriminate women because it also benefits and protects those who work hard and create family wealth.