Advantages of consolidating marriage laws in kenya dating advice for single mums

Imposing statutory protection upon customary marriages will not make dissolution of such marriages any more complicated than they currently are.

The Local Court justices and some chiefs will continue to have the power to hear and determine questions about such marriages.

In the modern legal regime, it would be a good idea to collapse the distinctions and give statutory recognition to customary marriages.

This is not really to suggest that we should not have customary marriages, but rather that all marriages, including customary ones should be given equal statutory recognition.

Customary marriages are contracted using Zambian customary law that lacks statutory protection.

It is apparent that at dissolution of marriages, the High Court applies a much fairer equitable standard than do local courts.

Local Courts probably want to do what is fair, reasonable and equitable but they cannot achieve this result because they are limited by customary practices in the way they can analyse spousal property and its division after dissolution.

For statutory marriages, the High Court has jurisdiction when it comes to dissolution (or divorce).

Customary marriages fall under the Local Court Act, and can be dissolved by the Local Courts.

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