Divorce conditions for married couples in Kuwait… everything you need to know before making a decision

A husband can divorce his wife of his own free will, but taking into account the conditions for divorce, namely that the marriage contract must be valid and valid, in accordance with the new law No. 61 of 1996 2024, law n. 29 of 2004 and n.66 of 2007. In the State of Kuwait this is called divorce and is part of the law. Personal status modified. In this article we will ask you how to obtain a divorce in the State of Kuwait, whether you are a citizen or an expatriate.

Conditions of divorce

In order to terminate the marriage contract in the State of Kuwait, you need to follow some divorce conditions and procedures to complete the divorce process in a legal and legitimate manner. The duration of this transaction varies depending on the circumstances of each divorce case, but it usually takes from one week to three weeks and may take longer if the spouses belong to the Shia sect. To complete the divorce transaction, the spouses must provide some necessary documents and documents, which are:

• A document proving the marriage contract between the spouses.
• A document stating the reason for the divorce, which could be a difference in religion, nationality, morals, etc.
• The husband and wife must appear personally before the competent court or delegate someone to represent them by proxy.
• Inform your wife of the divorce hearing date if she is not present or unrepresented by sending a court representative to notify her of the divorce.

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Divorce law in Kuwait

In light of what the provisions provide Law Conditions Personal Kuwaiti, The conditions of divorce are the solution of the separation between the spouses due to the impossibility of continuing cohabitation between them, and it is a last option that the spouses resort to when they find no other solution, and to protect the rights of the woman and her children in case of divorce, the Kuwait Divorce Law 2024 provides as follows:

• A divorced woman is entitled to the deferred payment provided for in the marriage contract, i.e. the financial amount that the husband pays to the wife at the time of separation.
• A divorced woman is entitled to alimony for the waiting period, which is a waiting period lasting three months from the date of divorce, during which she is not allowed to marry anyone other than her husband.
• A divorced woman is entitled to temporary alimony, which is a financial sum that the husband pays to the wife after the waiting period ends, and continues for a full year from the date of divorce.
• A divorced woman is entitled to a breastfeeding stipend if she breastfeeds her divorced husband’s children, which is a financial sum that the husband pays to his wife in exchange for breastfeeding her children.
• A divorced woman is entitled to child custody allowance if she has children of child custody age, which is a financial sum paid by the husband to his wife in exchange for the care and education of her children.

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New law on divorce

If you are an expatriate in the State of Kuwait and wish to terminate the marriage contract through divorce, you must follow some of the conditions for divorce and the steps specified by the provisions of the Law Conditions Personal Kuwaiti 2024, and these steps are:

• Preparation of all documents and papers proving the identity of the spouses, the marriage contract and the reason for the divorce.
• Book an appointment at your country’s embassy in the State of Kuwait, go there at the specified time and submit all documents to get the divorce approved by your embassy.
• Apply to one of the specialized personal status courts in the State of Kuwait, which are Al-Raqi Court, Jahra Court Complex or Hawalli Court.
• Submit a divorce application form to the court and attach all required documents to it.
• Attend court-ordered trial sessions, which include hearings of spouses’ statements and witnesses, and reconciliation sessions to try to reconcile them.
• Contact the judge responsible for the divorce case, answer his questions and listen to his arguments.
• Wait for the court to issue a divorce decree or dismissal and obtain a copy.

What are the rights of divorced women in Kuwait?

Among the rights of a woman separated from her husband is to receive the following: if she has an amount agreed in the marriage contract as a deferred dowry, then he must pay it or alimony for a period of 3 months from the date of divorce, the so-called waiting allowance, and another maintenance allowance for a period not exceeding one year, the so-called temporary allowance, established by the court based on the circumstances.

How much is the wife’s monthly maintenance in Kuwait?

In the State of Kuwait, the husband receives 25% of his monthly salary as alimony for his wife, in most cases where alimony judgments are issued by the courts.

When does alimony fall for a divorced wife in Kuwait?

The situations in which a divorced woman loses her right to maintenance for the waiting period are if she leaves the marital home during the waiting period without a legal excuse, if the wife is disobedient, if the wife disobeys the court ruling regarding the obedience and if the waiting period has expired.