Personal Status & Inheritance

What do we offer in this area?

• Studying personal status and inheritance documents
• Clarifying rights, requests and settlement options
• Preparing memoranda and following up on procedures within the scope of the agreement

The scope of work and required documents are determined after reviewing the matter and agreeing on the engagement.

What Does the Personal Status Law Regulate?

The Personal Status Law was issued by Royal Decree No. (M/73) dated 6/8/1443H, and took effect ninety days after its publication. It governs marriage and its effects, separation between spouses, custody and maintenance, guardianship and trusteeship, and wills, estates, and inheritance. Personal status courts have jurisdiction over these matters, and the action is filed through Najiz. For a broader overview, see the article The Personal Status Law.

Khula, Custody, and Maintenance under the Personal Status Law

The law defines khul' (divorce at the wife's request) as a separation requested by the wife and agreed to by the husband in exchange for consideration, valid by mutual consent of the spouses without a court judgment; if they do not agree, the matter is brought before the court. The consideration may not consist of waiving any right of the children or their custody.

In matters of custody, the law ranks custodians after separation, beginning with the mother, then the father, though the court may order otherwise in the interest of the child. Maintenance covers food, clothing, housing, and basic necessities, and a wife's claim for maintenance is not heard for a prior period exceeding two years from the date the action is filed.

Determining the Heirs and Dividing the Estate

Estate proceedings begin with determining the heirs, requested electronically through the Estates Platform or Najiz, followed by an inventory of the estate to identify the deceased’s assets. If the heirs agree, division of the estate may be carried out by mutual consent through the consensual service. Where there is a dispute, or a minor, an absent heir, a will, or a waqf share is involved, the Personal Status Courts have jurisdiction over the division. This is detailed in the article Determining the Heirs and Dividing the Estate.

How Does the Service Proceed?

Family cases are handled with confidentiality, and the position taken in them is built on the facts, the evidence, and the court’s assessment. The service usually proceeds through the following stages:

• Reviewing documents such as the marriage contract, the divorce deed, and the heirs’ determination
• Clarifying the rights, possible claims, and settlement options
• Preparing the statement of claim or memoranda and filing it via Najiz
• Following up on hearings, including video hearings, within the scope of the engagement

Frequently asked questions

Can Khul' Be Obtained Without Going to Court?

Under the Personal Status Law, khul' (divorce by mutual consent with compensation) is valid by the mutual consent of both spouses, provided they have full legal capacity, without the need for a court judgment; it is treated as a dissolution of the marriage contract and is not counted among the three divorces. If the spouses do not agree, the matter is submitted to the competent court to be heard in accordance with the provisions of the law. In either case, it is advisable to document whatever is agreed with the competent authority.

Who requests the determination of heirs? And do the heirs need a lawyer?

The heir-determination request is submitted by one of the heirs or their agent under a valid power of attorney, entering the details of the deceased, all heirs, and witnesses. Many cases do not require a lawyer at this stage, but engaging one is useful when there is a dispute, undisclosed assets, debts, or a will, or when going to court for partition.

When Does Custody End?

Under the Personal Status Law, once the child in custody turns fifteen, they may choose to reside with either parent unless their best interests require otherwise, and custody ends when they turn eighteen, subject to exceptions specified by the law. The child's best interests remain the standard on which the court bases its decision in each case.