Family and Children Law

1. Separation, Divorce and Annulment of Marriage

We represent clients seeking judicial separation, annulment (for marriages less than a year old), or divorce/dissolution of marriage. Because separation, divorce, and annulment of marriage can be emotionally draining for clients, we manage the entire process to ensure the client’s safety throughout. To help clients go through the process, we provide complimentary counselling and therapy sessions through our resident counsellor.
2. Child Custody and Support
We have a track record of successfully representing clients in child custody and maintenance cases. Our primary concern is the child’s best interests, and we advise clients on the best legal and social course of action to protect their best interests.

We provide a one-of-a-kind “Child law cover” for our clients. We bill clients only once for this service, but we remain obligated to represent clients on any legal issue involving their child for as long as the child is a minor, without the client incurring additional legal fees.

We represent clients in the enforcement of maintenance orders in court. In order to do so, we collaborate with a team of investigators who track down all assets of a defaulting parent in order to enforce the necessary child maintenance orders. We have established the necessary networks with the Directorate of Criminal Investigation’s Child Protection Unit and the Directorate of Children Services (DCS) to protect the interests of our clients’ children.

3. Property Distribution in a Divorce
We counsel our clients on the distribution of matrimonial property upon divorce. According to the Matrimonial Properties Act, the distribution of matrimonial property in Kenya, as a general rule, is based on the contribution of spouses. We advise clients on the nature and amount of matrimonial property claims they can make, taking into account their unique circumstances.
We also represent clients who are being threatened with, or have already been evicted from, their matrimonial property illegally and unlawfully. We also help clients obtain the necessary orders to protect matrimonial property from a spouse or partner who may want to dispose of it without consent.

4. Safety from Domestic Violence
Domestic violence is a tragic occurrence, particularly in African communities. Our team assists clients who have been victims of domestic violence in seeking redress and justice. We accompany survivors from the hospital to police stations and then to court. We do organize temporary shelters in collaboration with various organizations for survivors who may require them.
Clients can obtain restraining and protective orders under the Protection Against Domestic Violence Act (PADVA). These orders benefit not only the clients, but also their children and dependents. We provide clients with peace of mind by assisting them in obtaining the necessary restraining orders. We also assist clients in obtaining compensation for any type of domestic violence they may have encountered.
5. Succession, Probate, Administration, and Estate Planning.
We assist clients with the drafting, attestation, execution, sealing, and depositing of their last will and testament as part of our services. A properly drafted will avoids unnecessary court litigation after a person dies. We ensure that a client’s will complies with legal requirements regarding property distribution to dependents. We also provide will-reading services after a client has passed away, as well as representation to the executors of the will in obtaining a grant of probate from the High Court.
For those who died without a will (intestate), we represent proposed administrators who must obtain letters of administration before proceeding to administer the deceased’s estate.
Our estate planning practice advises clients on how to prepare their home and affairs before passing away. This entails the following:
Creating and carrying out proper wills
Setting up a trust for property administration if a client does not want to write a will. We advise clients and assist them in establishing a property trust, particularly for the benefit of any surviving children. Generally, trust property is exempt from succession property.
Deed Appointment of Guardians: We assist clients in legally appointing guardians for their children while they are still alive, avoiding a situation in which surviving relatives compete for custody of the children.