Couples risk losing benefits in new law

Couples who have not formalised their marriage now risk losing benefits they enjoy at work.

This follows a demand by employers that married workers register their unions with the Registrar of Marriages.

Previously, employers would use sworn affidavits as proof that one was married which enabled their spouses and families enjoy the benefits.

These include access to credit, medical insurance and pension that accrue to married employees and their families.

The new law has however, nullified the use of affidavits. If formally employed workers then fail to comply, this is likely to expose couples to the risk of losing such of benefits.

The Business Daily newspaper, which is part of the Nation Media Group stable of publications, reported that some employers had sent letters to their workers warning that they would no longer accept sworn affidavits as proof of marriage.

PROOF OF MARRIAGE

Cooperative Bank of Kenya has communicated to its employees that it will no longer recognise affidavits as proof of marriage but will only deal with unions that are legally registered.

“It has been the bank’s practice to accept sworn affidavits from members in customary marriages in updating their marital status. It has also been the practice to accept sworn affidavits to nullify such marriages when need arises.”

“We, however, wish to inform you that following the enactment of Marriage Act 2014 earlier this year, the process of registration and nullification of marriages is now clearly provided for in the new Act,” Co-op Bank told its staff in a December 9 circular, adding that affidavits are no longer acceptable as proof of marital status.

The other employers are likely to follow suit, and thus create a rush to the registrar of marriages office as couples attempt to formalise their unions to continue enjoying benefits.