AGADVOKS GLOBALKENYA · ENGLISH
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Marriage Act

83. Compounding of maintenance

Edition: 2022-12-31 · In force

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83. Compounding of maintenance

(1)The court may, if it is satisfied that a disposition of property has been made by the spouse or former spouse of the person by or on whose behalf the application is made, within the preceding three years, with the object on the part of the person making the disposition of reducing the means to pay maintenance or of depriving a spouse of any rights in relation to that property, or is intended to be made with any such object, on application, set aside the disposition or grant an injunction prohibiting that disposition, as the case may be.
(2)Where the disposition of property under subsection (1) is by sale to a bona fide purchaser for value, the court may grant orders as though the sale had taken place.
(3)In this section, "disposition" includes a sale, lease, mortgage or other transaction whereby ownership or possession of the property is transferred or encumbered but does not include a disposition made from money or monies worth to or in favour of a person acting in good faith and in ignorance of the object for which the disposition is made.
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Source: Kenya Law