Personal Status

Working With Us, Step by Step

We know that someone who comes to a lawyer about a family matter is rarely at their best, so we have arranged our work so that at every stage you know what is happening in your file and why. Confidentiality is a constant rule at every step: what you tell us about your family, your children and your disputes does not leave the office except to the extent the court procedure requires, and only with your knowledge.

1. Booking a consultation: you book your appointment through the booking page on this site or by calling the office, and briefly describe the nature of the matter so that we can assign a lawyer experienced in that type of case. The consultation takes place at our office.
2. Reviewing documents and facts: we examine the marriage contract, any divorce documents and any earlier judgments or records, and listen to your full account. We then ask about things that may not seem important to you but in fact matter, such as the date of actual separation, where the children live, the income of both parties, and the school of jurisprudence of the spouses, which determines the rules that apply to the dispute.
3. A clear legal opinion on options and risks: we explain the possible routes, whether an amicable settlement or a claim before the court, what each route involves, the strengths and weaknesses of your position, and what the other party may raise against you. We do not promise a particular outcome, because many family matters are left to the judge's discretion and to what is proven before the court.
4. Engagement and power of attorney: if you decide to proceed, we agree in writing on the scope of work, and you then issue a power of attorney to the firm at the Notarisation Department authorising us to represent you. We explain the limits of that power of attorney and what it covers before you sign it.
5. Representation before the Family Court and following the case: we prepare the statement of claim or pleadings, complete the pre-filing steps that the Family Court Law No. 12 of 2015 requires for the matters subject to them, attend the hearings, present the defence and the evidence, and follow up after judgment, whether by appeal or enforcement.
6. Keeping you informed: we tell you what happened at each hearing and what the next step needs from you, and we come back to you before any material decision, such as accepting a settlement offer, withdrawing a claim or appealing a judgment.

Where children are involved, we put their welfare at the front of any plan we propose, because the court itself treats it as the governing standard in custody, visitation and overnight stays. For that reason we may sometimes advise a slower or calmer step if it better protects your position before the judge and does less harm to the children. We explain our reasons clearly, and the final decision is yours.

When Do You Need a Personal Status Lawyer?

Not every family issue calls for a lawsuit, but there are situations in which early legal advice is what protects a right or prevents a mistake that is hard to undo later, including:

• When the other party presents a written agreement on divorce, maintenance or custody and asks you to sign it, and you do not know what you would be giving up by signing.
• When one spouse leaves the marital home and support stops, and you do not know whether to start with a maintenance claim, a divorce claim, or both.
• When you are prevented from seeing your children, or the enforcement of a visitation or overnight-stay order in your favour is being delayed.
• When you fear the children may be taken out of Kuwait without your knowledge or consent, and you want to know the legal means available to prevent it or bring them back.
• When circumstances change after an earlier judgment, such as a change in the payer's income, the remarriage of the custodial mother, or the children moving to live with the other parent, and you need the judgment increased, reduced or discharged.
• When the marriage took place outside Kuwait or was never registered, and you need to establish it or register a child whose birth was not recorded.
• When you are served with a claim filed against you before the Family Court and do not know what is required of you before the first hearing.
• When heirs disagree over determining the estate, dividing it, or managing a minor's share in it.

Documents to Bring to Your Consultation

You do not need to have all of the following documents with you at the first appointment; we will identify with you what is missing and how to obtain it. But bringing what you have makes the legal opinion more accurate from the start:

• The marriage contract or a copy of it, and the divorce or revocation-of-divorce document, if any.
• Your civil ID, and the other party's civil ID details if available.
• The children's birth certificates, and anything showing where they currently live and which schools they attend.
• A salary certificate or other evidence of the income of the party liable for maintenance, and any documents on other sources of income that may be relied on.
• The lease of the home or proof of its ownership, if it is in dispute or if a housing allowance needs to be proven.
• Any earlier judgments, records or agreements between the parties, including anything issued by the settlement office or police reports connected to the dispute.
• Invoices for the children's expenses that you are claiming or that are being claimed from you, such as school fees and medical costs.
• Correspondence and messages that may serve as evidence of a particular fact, bearing in mind that their admissibility and weight are for the judge to assess.
• For non-Kuwaitis: passports and residency details, and any marriage or birth documents issued abroad together with their legalisations.
• In inheritance matters: the death certificate, the Sharia succession certificate if one has been issued, and whatever details are available about the estate's assets.

Frequently Asked Questions

Do I have to go through settlement before filing a claim at the Family Court?

Yes, in many disputes. The Family Court Law No. 12 of 2015 requires a number of personal status matters to be referred to the competent settlement body before the claim is registered, with exceptions for interim and urgent applications and certain other matters. Whether your matter is subject to this step is determined after reviewing the nature of the claim. We prepare you for the settlement session as carefully as for a court hearing, because what is agreed there may be binding.

Does custody automatically go to the mother after divorce?

The general rule in the law is that the mother has priority in custody, but that is not absolute. Custody follows the welfare of the child, and the custodian must meet conditions of capacity, trustworthiness and ability to provide care. Custody may lapse or transfer for a reason set by law or assessed by the court. Some of its rules also differ between the Sunni and Ja'fari schools, so every file is examined on its own facts.

How is maintenance assessed in Kuwait?

There is no fixed amount in the law. The judge assesses maintenance according to the means of the person liable to pay, whether comfortable or limited, taking into account the needs of the person entitled to it. Proving the payer's income and the needs of the wife and children is therefore at the heart of a maintenance claim. Interim maintenance may be requested while the claim is pending where the situation requires it, and a variation may be requested if circumstances change. For more detail, see our article on spousal and child maintenance under Kuwaiti law.

What is the difference between khul' and judicial divorce for harm?

Under the Personal Status Law No. 51 of 1984, khul' rests on the mutual agreement of the spouses to end the marriage in return for compensation given by the wife. Judicial divorce for harm is sought by the wife from the court if she proves harm that makes continued married life impossible, and the court may refer the dispute to two arbitrators before deciding it. Choosing the right route depends on the facts of each case and on what can be proven. For more detail, read our article on khul' under Kuwaiti personal status law.

Does the same law apply to all Muslims in Kuwait?

The Personal Status Law No. 51 of 1984 applies generally, but the rules of the Ja'fari school apply to its followers in personal status matters, and the Ja'fari circuit hears their disputes. This can lead to differences in matters such as divorce, custody and inheritance. To learn more, see our article on Ja'fari personal status law in Kuwait.

What can I do if the other party refuses to comply with a visitation or maintenance judgment?

A judgment in your favour can be enforced compulsorily through the Enforcement Department, and its effect does not depend on the other party's willingness. For maintenance, enforcement measures can be taken against the payer's assets and income; for visitation, you can request the measures needed to enable you to exercise it. The most suitable procedure depends on the reason for the refusal and the type of judgment.

Do I need to attend the hearings myself if I appoint a lawyer?

In most cases the lawyer attends on your behalf under the power of attorney, and you do not need to attend every hearing. However, the court may require the parties to appear in person in some matters, such as a reconciliation attempt, hearing them on matters concerning the children, or taking an oath. We tell you in advance of any hearing at which your attendance is required and what you are likely to be asked.

Can a marriage concluded outside Kuwait, or one that was never registered, be established?

Yes, depending on the situation, either by legalising the foreign marriage contract and having it recognised by the competent authorities, or by filing a claim to establish the marriage before the Family Court and submitting evidence that the marriage exists. This becomes all the more important where there are children who need to be registered and issued documents. The right route depends on where the contract was concluded, the nationality of the parties and the documents available.