All templates

Family and personal

Separation agreement template (Kenya)

Also called: Separation Agreement

What it is for

A couple living apart agreeing on money, property and children.

The Kenyan law it follows

  • Marriage Act Cap 150 — s.14 (the parties to a civil marriage may agree to live apart for one year; the agreement is valid and enforceable and is filed with the court, which may vary or set it aside on a material change of circumstances; after the year a party may apply to the court to determine their status)
  • Matrimonial Property Act Cap 152 — s.12 (matrimonial property is not alienated without both spouses' consent); Children Act Cap 141 — s.8 (best interests of the child)

Who prepares it

You can prepare this yourself. It is still wise to have an advocate read it before you sign, especially where a lot of money or a long commitment is involved.

Fill this in with your own details

Answer a few questions and Lex prepares the document for you, ready to download in Word. A free account is needed.

Sample separation agreement

The first part of the sample is shown here. The names, amounts and facts are made up to show how the document reads.

SEPARATION AGREEMENT THIS SEPARATION AGREEMENT is made on the ______ day of ____________ 20____ BETWEEN Lucy Njeri Kamau AND Patrick Kamau Gichuru (together "the Parties"), who are married to each other. 1. Separation The Parties agree to live apart from 1 July 2026. This Agreement does not dissolve the marriage. 2. Property The Parties agree that the matrimonial property is divided as follows: (a) Lucy Njeri Kamau retains the matrimonial home at Thika/Municipality Block 19/220; (b) Patrick Kamau Gichuru retains the Toyota Prado KDA 441Z and the Githunguri farm. 3. Children Two children, aged 9 and 6, reside with Lucy; Patrick has alternate weekends and half of school holidays. These arrangements are subject to the best interests of the children and to any order of the Court. 4. Notices

The rest of this separation agreement is for Lex members

Create a free account to read the whole sample, fill it in with your own details and download it in Word.

This is a sample for general information. It is not legal advice and may not suit your situation. Laws change, and a document has to fit your own facts; have an advocate check it before you rely on it.