US-Based Kenyan Family Lawyer Gives Legal Advice for Kenyans in Diaspora
US-based family lawyer Wamaitha Kahagi has given key insights into the complexities of international divorce.
In an interview, she delves into crucial aspects such as child custody, support, alimony, prenuptial agreements, and the impact of arbitration clauses in employment agreements.
1. International Divorce Dynamics
When a couple who has connections to both Kenya and the USA considers ending their marriage, legal complexities arise. Wamaitha Kahagi stresses the significance of seeking professional advice to tackle crucial matters such as child custody, financial support, and asset division. She emphasizes the importance of consulting with a lawyer before making any decisions, particularly when dealing with a divorce that involves multiple jurisdictions.
2. Child Custody and Support
Challenging the widely held belief that a 50/50 custody agreement automatically eliminates the need for child support, Kahagi proposes a different, more sensible approach. Rather than relying on rigid guidelines, she advocates for a joint budget to support the children. She affirms that this cooperative method guarantees equitable contributions from both parents, sidestepping any potential shortcomings imposed by standardized rules.
3. Decoding Alimony: Factors and Duration
Kahagi explains that alimony is calculated based on various factors, including differences in income and the length of the marriage. The goal is to ensure that both parties maintain their financial stability after the divorce, which means that alimony could potentially continue until retirement. In a statement, Kahagi emphasizes the intricate nature of negotiations and stresses the significance of taking individual circumstances into account.
4. Prenuptial Agreements
She further highlights the need to consider prenuptial agreements (prenups) for those who bring assets or debts into a marriage. These legal papers entail a thorough disclosure of financial details and may incorporate a predetermined expiry date known as a sunset clause.
5. Arbitration Clauses in Employment Agreements
On matters of employment law, Kahagi delves into the effects of arbitration clauses. While recognizing their effectiveness in resolving conflicts, she stresses the importance of individuals evaluating their bargaining power and the importance of legal recourse. It is crucial for employees to thoroughly contemplate the ramifications of choosing not to engage in arbitration and the potential repercussions it may have on their employment stability.
Kahagi is passionate about helping Kenyans in the diaspora navigate the complexities of family law, divorce, and employment agreements, offering practical advice and legal perspectives on issues that resonate across international borders.