No automatic 50:50 split of marital assets upon divorce, says appeal court

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The three-judge bench emphasised that property division must reflect proven contributions - both financial and non-financial - rather than assumptions of equal entitlement.

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The Court of Appeal has maintained that there would be no automatic equal division of matrimonial property, dealing a blow to a woman who had sought half of a Sh179 million estate in a bitter divorce case.

In a judgment that reinforces the legal position on matrimonial property division, appellate judges upheld a High Court decision awarding the woman only 25 percent of the marital assets while her ex-husband retained 75 percent, based on their respective contributions to the marriage.

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