Division of Matrimonial Property
Litigation and Alternative Dispute Resolution
Quantifying Non-Monetary Contribution In Division Of Matrimonial Property
The presumption that the beneficial interests in matrimonial property are equal has been rebutted by the High Court in March 2017 in the case of PNN –vs- ZWN {2017)eKLR. The court noted that allowing such a supposition would create an escape for fortune seekers to gain an advantage from their spouse’s success in a divorce. Therefore, the provision of section 7 of the Matrimonial Property Act, which guarantees division based on each party’s contribution, was maintained.
The current position is that property acquired during the marriage is considered matrimonial property and is subject to a division based on the contribution of each party towards its acquisition, both monetary and non-monetary.
Production of evidence is effective for parties to use in claiming contribution
However, the courts face difficulties in assessing the net worth of a spouse who has not made financial contributions. Evidence produced by parties is crucial in establishing non-monetary contributions, and parties must present thorough evidence to make it easier for the courts to apportion their contribution.
A stay-at-home spouse cannot claim compensation if their contribution cannot be quantified. The sufficiency of the evidence is vital in aiding courts to distribute matrimonial property appropriately and fairly.
The Matrimonial Property Act does not make it easier for courts to assess non-monetary contributions. Therefore, the production of evidence becomes an effective device for parties to use in claiming contribution and assisting courts in quantifying their contribution, provided the evidence is sufficient and effectively produced.
Note that this information is for reference purposes only. If you have any concerns or require clarification on any issue, please contact Lilian Oluoch-Wambi at ow@oluochkimori.com.
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