The Saudi Personal Status Law: What Does It Cover, and What Are Its Key Practical Rules?

When was the law issued and when did it take effect?

The Personal Status Law was issued by Royal Decree No. (M/73) dated 6/8/1443 AH, based on Council of Ministers Resolution No. (429) dated 5/8/1443 AH, and was published on 15/8/1443 AH. Its final article (Article 252) provides that it takes effect ninety days after its publication and repeals all conflicting provisions.

The law is organized into seven parts:

• Marriage: engagement, general rules, pillars and conditions, and the rights of spouses.
• Effects of the marriage contract: maintenance and lineage.
• Separation between spouses: divorce, khula and annulment of the marriage contract.
• Effects of separation: the waiting period (iddah) and custody.
• Guardianship and custodianship, and rules on absent and missing persons.
• Wills.
• Estates and inheritance.

Registering marriage, divorce and revocation

Article 8 makes registration of the marriage contract mandatory, places this duty on both spouses or either of them, and allows any interested party to request proof of an unregistered marriage. Article 9 prohibits registering the marriage of anyone under eighteen, although the court may permit it if the person has reached puberty and the court has verified that the marriage is in their interest, under controls set out in the regulations.

For divorce, Article 90 requires the husband to register the divorce with the competent authority within no more than fifteen days from the time it becomes final (baynunah), without prejudice to the wife's right to file a claim to prove the divorce. If he does not register it and the wife is unaware of the divorce, Article 91 entitles her to compensation of no less than the minimum amount of maintenance from the date of the divorce until the date she learned of it. Article 92 also requires registering the revocation (muraja'ah) of a revocable divorce within fifteen days of the revocation, if the divorce had been registered.

Khula under the law

Article 95 defines khula as a separation between spouses at the wife's request and with the husband's consent, in return for compensation paid by the wife or another person. Its key rules, according to the text available at the time of writing, include:

• Khula is valid by mutual consent of spouses with full legal capacity, without the need for a court judgment (Article 96).
• Khula is treated as an annulment of the marriage contract even if expressed in words of divorce; it is a minor irrevocable separation and is not counted among the three divorces (Article 97).
• Khula does not occur without compensation; if it is done without compensation, the rules of divorce apply (Article 99).
• The compensation may not be the waiver of any of the children's rights or of their custody (Article 100).

Where the spouses do not agree, the matter goes before the competent court to be decided under the law.

Custody: order of entitlement and the child's interest

Article 127 provides that custody is a duty of both parents while the marriage continues. If they separate, custody goes to the mother, then the father, then the maternal grandmother, then the paternal grandmother, after which the court decides what serves the child's interest. The court may depart from this order based on the child's interest.

Article 125 requires the custodian to have full legal capacity, the ability to raise, protect and care for the child, and freedom from serious contagious diseases. Under Article 135, once the child turns fifteen, the child may choose to live with either parent unless the child's interest requires otherwise, and custody ends when the child turns eighteen, subject to exceptions for special cases set out in the law.

Maintenance

Article 45 states that maintenance covers food, clothing, housing and basic needs according to custom and the relevant statutory provisions. Frequently asked rules include:

• A wife is entitled to maintenance from her husband under a valid marriage contract, subject to the conditions in Article 51.
• A wife's right to maintenance lapses only through payment or release, and a claim for her maintenance for a past period exceeding two years before the claim is filed will not be heard (Article 52).
• The father alone must maintain a child who has no property of their own if the father is well-off or able to earn; this continues for a son until he reaches the point at which his peers can earn a living, and for a daughter until she marries (Article 58).

The amount of maintenance is assessed in each case according to its circumstances and the documents submitted.

Where and how is a claim filed?

Under Article 33 of the Law of Procedure Before Sharia Courts, personal status courts have jurisdiction over personal status matters, including proof of marriage, divorce, khula, annulment, revocation, custody, maintenance and visitation, as well as proof of death, heirs deeds and estate division in the cases specified by that law.

The statement of claim is filed electronically through the Ministry of Justice's Najiz platform, and many hearings can be attended remotely; read about e-litigation and video hearings. Before filing, prepare the marriage or divorce certificate, the children's birth certificates, evidence of income and expenses, and any prior correspondence or agreements.

When should you seek advice?

Family cases are sensitive, and it helps to organize your documents and understand the text before taking any step, especially in custody, maintenance and divorce registration. You can have your situation reviewed confidentially through our personal status and estates service, bearing in mind that the outcome of every case depends on its facts, its evidence and the court's assessment.