Like most Government processes, getting a marriage certificate can be quite stressful for people not sure how to handle it. The system comes with a ton of paperwork and a lot of challenges concerning time, convenience, and overall stress. However, over the years, it has been improved, making it a lot easier.

Why is there a need to apply for a marriage certificate?

In a recent verdict, two judges as part of a verdict ruled that living with another individual and or having a child with them does not imply marriage. This verdict came about through two separate, unrelated cases. They went on to state that a marriage certificate received post the registration of a marriage is a compulsory proof of marriage.

If there are any misunderstandings post a ‘marriage’ (without a marriage certificate) and the legal system has to kick in, the two individuals will be treated as if they aren’t married even if they went
through the ceremonial rights. Additionally, the promise to marry someone and have children with them does not constitute marriage either.

How to apply for a marriage certificate?

The Registrar of Marriages has an office in Kenya and a brief meeting provides interested parties with the steps needed to register a marriage. Conducting a marriage ceremony doesn’t imply marriage so the following documents have to be submitted to receive a certificate.

• The birth certificates of both the individuals
• The valid passports of the couple
• Separate Statutory Declarations by each person, sworn at a Commissioner for Oaths or Notary Public’s office, stating they are single and free to marry
• A twenty-one-day notice should be maintained
• Parental consent in the form of a legal document if the couple marrying is under twenty-one (21) years
• Residency in the country for twenty-one days or a special licence obtained by contacting the Registrar’s Office in Kenya

In the case of divorce or if one of the parties lost a spouse

• Decree Absolutes (if divorced)
• Death certificate (if widowed)

Additionally, there are a few changes to be handled if

• Both parties are not Kenyan residents or one of the partners is a foreign national
• If there was a death or divorce with one of the partner’s previous marriage
• If both parties do not follow the same religious beliefs

What are the benefits of applying for a marriage certificate?

The most significant upside to a marriage certificate is the proper distribution of responsibilities on the off chance the marriage goes sour. It is a lot easier to apply for custody of children (if there
are any) or compensation. Overall, a marriage certificate allows couples and to stake claim to legal rights.

Legally married couples receive certain tax benefits like paying taxes jointly saving them time and allowing them to account for their income as a household. Furthermore, there is a marital tax deduction which helps married couples save money in the long run. Spouses can inherit land, property, material goods from the other without a tax implication.

They can also apply for foreign visas together making the application process and chances of receiving visas easier. It additionally makes the migration of family to another country easier, as compared to, if two unmarried people were migrating together.

Individuals receive a social security number with multiple benefits such as medicare, disability, veterans, military and pension plans. If for some reason one of the partners in the marriage cannot apply for a social security number since they lack a few requirements, they are allowed to
benefit from their partners.

There are multiple legal or medical decisions the two married individuals have to take together. Medical decisions are taken considering the other person, for instance, surgeries, health decisions, accidents and so on. Decisions relating to children have to be taken together as well.

Finally, child care benefits at workplaces are provided easily with a marriage certificate, if one partner needs time off. The same applies for leave when it comes to children’s schooling challenges.