In Kenya, couples intending to get married must follow several legal steps, including providing a formal declaration of their intention to marry. According to the Marriage Act, prospective spouses must notify the Registrar of Marriages and the administrator of the venue where the wedding will take place. This notification should be made at least 21 days but not more than three months before the planned marriage date.
The declaration is not just a simple statement of intent; it must include essential information about the parties involved. This includes the names and ages of the prospective spouses, their usual places of residence, and the names of their parents, if known and still alive. The declaration must also state that the parties are not in a prohibited degree of consanguinity and must disclose their current marital status.
If either party has previously been married and divorced, they must submit a copy of the divorce decree. If one of the parties is a widow or widower, they must provide a copy of the death certificate of their previous spouse. The declaration must also specify the date and place where the wedding ceremony will take place. Most importantly, the declaration must be signed by both parties.
After receiving the declaration, the Registrar of Marriages is required to publish it in a prescribed manner in the area where the wedding will take place. This step allows anyone who may have an objection to the marriage to come forward. Any person who knows of a legal impediment to the marriage may submit a written objection to the Registrar of Marriages or the administrator of the venue.
The objector must provide their name, their relationship to one of the prospective spouses, and the grounds for their objection. However, an objector may later withdraw their objection by giving written notice. Therefore, for couples planning to get married, declaring their intent is not just a matter of ceremony, but a crucial step in the legal process of getting married.
It is essential for prospective spouses to be aware of these requirements to ensure that their preparations comply with the prescribed procedures. The Marriage Act provides a framework for ensuring that marriages in Kenya are conducted in a lawful and orderly manner. Couples who fail to comply with these requirements may face difficulties in registering their marriage.
By making the declaration of intent a public process, the Kenyan government aims to prevent forced marriages, underage marriages, and other forms of marital abuses. The law also provides a safeguard against bigamy and ensures that parties to a marriage are aware of their rights and responsibilities. Ultimately, the declaration of intent is an essential step towards a valid and legally recognized marriage in Kenya.
Key points
- Couples in Kenya must publicly declare their intent to marry, providing details about themselves and their parents.
