Questions on marriage, divorce, khulʿ & custody

1. 01Does khulʿ require the husband's agreement?

   Yes. Khulʿ is a separation at the wife's request, with the husband's agreement, in return for consideration paid by her or by someone else. If both agree, no court judgment is needed. If the husband refuses, the wife may ask the court to dissolve the marriage because she fears she cannot fulfil her marital duties and he will neither divorce her nor agree to khulʿ, provided she returns the dower she received. She may also seek dissolution on any other ground the law recognises.

   SourcePersonal Status Law, Arts. 95 and 96 (Ministry of Justice legal portal)Personal Status Law Regulation, Art. 28 (Ministry of Justice legal portal)

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2. 02Is ending a marriage without any consideration a khulʿ?

   No. There is no khulʿ without consideration. If a husband grants khulʿ for nothing in return, it does not count as khulʿ and the rules on divorce apply instead.

   SourcePersonal Status Law, Art. 99 (Ministry of Justice legal portal)

3. 03Does khulʿ count as one of the three divorces?

   No. Khulʿ is an annulment of the marriage contract even if the word 'divorce' is used. It is a minor irrevocable separation and does not count towards the three divorces.

   SourcePersonal Status Law, Art. 97 (Ministry of Justice legal portal)

4. 04Can child maintenance be waived as the price of a khulʿ?

   No. The consideration for khulʿ may not be the waiver of any of the children's rights or of their custody. The children's rights stand apart from whatever the spouses agree in order to end the marriage. The consideration can be anything that counts as property.

   SourcePersonal Status Law, Art. 100 (Ministry of Justice legal portal)

5. 05If the consideration for khulʿ is the dower, must the whole dower be returned?

   No. Where the dower is the consideration, the wife returns only the part she actually received, and any unpaid balance, deferred portion included, falls away.

   SourcePersonal Status Law, Art. 101 (Ministry of Justice legal portal)

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6. 06Can a wife seek dissolution of the marriage if her husband refuses to maintain her?

   Yes. The court will dissolve the marriage at the wife's request if her husband refuses to support her or maintenance cannot be recovered from him. The same applies if he claims he cannot afford the maintenance he owes her, even if she knew his circumstances before the marriage.

   SourcePersonal Status Law, Art. 107 (Ministry of Justice legal portal)

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7. 07Can a wife seek dissolution because of mistreatment and harm?

   Yes, if the harm is proved. The court will dissolve the marriage at the wife's request if her husband has harmed her so badly that they cannot go on living together decently. Everything turns on proof. One accepted means is testimony of common knowledge (istifāḍa) about what is widely known within the couple's circle.

   SourcePersonal Status Law, Art. 108 (Ministry of Justice legal portal)Personal Status Law Regulation, Art. 27 (Ministry of Justice legal portal)

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8. 08What happens if harm is not proved but the discord between the spouses continues?

   The case goes to arbitration. Where harm is not proved, the discord persists and reconciliation fails, each spouse picks an arbiter from his or her family within the time the court sets, failing which the court appoints them. The arbitration may last no more than 60 days from their appointment. If the arbiters cannot reconcile the couple, they recommend separation with or without compensation depending on who caused the discord, and the wife never pays more than the dower. The court then decides after reviewing their report.

   SourcePersonal Status Law, Arts. 109 to 111 (Ministry of Justice legal portal)Personal Status Law Regulation, Arts. 30 and 31 (Ministry of Justice legal portal)

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9. 09Can a wife seek dissolution because the dower was not paid, once the marriage has been consummated?

   No. After consummation, non-payment of the dower is not a ground for dissolution. The dower remains a debt the husband owes, and the court will order him to pay whatever part of it is due when she claims it.

   SourcePersonal Status Law, Art. 106 (Ministry of Justice legal portal)

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10. 10Can a wife seek dissolution because the dower was not paid before consummation?

    Yes. A wife whose marriage has not been consummated may seek dissolution if the husband fails to pay the part of the dower that is due. The court gives him a deadline of no more than 30 days from the date of her request, and dissolves the marriage if he has not paid by then.

    SourcePersonal Status Law, Art. 106 (Ministry of Justice legal portal)

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11. 11Can a marriage be dissolved because the husband broke a condition in the marriage contract?

    Yes, if the condition is established. A condition gives a right to dissolution only if it is written into the marriage contract or both spouses acknowledge it. If the husband fails to honour it, the wife may seek dissolution whenever she chooses, without paying anything, unless she has expressly waived the right. Where it is the wife who breaks a condition set by the husband, dissolution is in return for compensation not exceeding the dower.

    SourcePersonal Status Law, Arts. 27 and 28 (Ministry of Justice legal portal)

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12. 12If a divorce has not been registered, does that mean it never took place?

    No. A divorce taking effect and its registration are separate matters. The husband must register it within 15 days of the point at which the separation becomes final (baynūna), and the wife keeps her right to bring a claim to establish the divorce. If he fails to register it and she did not know of it, she is entitled to compensation of at least the minimum maintenance from the date of the divorce until she learned of it.

    SourcePersonal Status Law, Arts. 90 and 91 (Ministry of Justice legal portal)

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13. 13Can a husband take his wife back after a divorce without a new contract?

    Yes, if the divorce was revocable and her waiting period has not ended. The right to take her back cannot be waived. In a valid marriage a divorce is revocable as a rule, except a third divorce and a divorce before consummation or valid seclusion (khalwa). Once the waiting period ends the marriage is over: taking her back is no longer possible, and a new contract is required.

    SourcePersonal Status Law, Arts. 85, 86 and 87 (Ministry of Justice legal portal)

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14. 14Must a husband register taking his wife back?

    Yes, if he registered the revocable divorce. He must then register the return within 15 days of making it. If he does not, and the wife, unaware of it, marries another man, the return is invalid. If he fails to register it and she did not know of it, she may also claim maintenance for the period that has passed.

    SourcePersonal Status Law, Art. 92 (Ministry of Justice legal portal)

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15. 15Does a custodial mother automatically lose custody if she remarries?

    Not in every case. The law requires a female custodian not to be married to a man who is legally a stranger (ajnabī) to the child, unless the child's interest calls for something else. The Regulation keeps a child aged two or under with the mother even if she marries such a man. And anyone who has lost custody may apply to the court again once the reason has gone.

    SourcePersonal Status Law, Arts. 126 and 130 (Ministry of Justice legal portal)Personal Status Law Regulation, Art. 33 (Ministry of Justice legal portal)

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16. 16Can a child choose whether to live with the father or the mother after turning 15?

    Yes. Once the child has completed 15 years, he or she may choose which parent to live with, unless the child's own interest requires otherwise.

    SourcePersonal Status Law, Art. 135 (Ministry of Justice legal portal)

17. 17When does custody end under Saudi law?

    When the child completes 18 years. It continues beyond that if the child is insane, mentally incapacitated or suffers from a disabling illness, following the order of custodians set out in the law.

    SourcePersonal Status Law, Arts. 127 and 135 (Ministry of Justice legal portal)

18. 18Does a custodian lose custody by moving to another city?

    Not necessarily. Custody is lost if the custodian moves somewhere to live in a way that defeats the child's interest. A change of city alone is not enough; what matters is the effect of the move on the child.

    SourcePersonal Status Law, Art. 128 (Ministry of Justice legal portal)

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19. 19Can a custodian take the child abroad without the other parent's consent?

    Not for more than 90 days a year. A custodian who is one of the parents may not take the child outside the Kingdom for longer than that without the other parent's consent, or that of the guardian of the person if that parent has died. For a custodian who is not a parent, the limit is 30 days a year. Other applicable rules on travel still apply.

    SourcePersonal Status Law, Art. 129 (Ministry of Justice legal portal)

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20. 20Can a child's grandparents ask to visit after one of the parents dies?

    They can, through the court. Where one of the child's parents has died or is absent, the court may name relatives entitled to visitation according to the child's interest. Visitation here is not an absolute right; the court decides it by what is best for the child.

    SourcePersonal Status Law, Art. 134 (Ministry of Justice legal portal)

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21. 21Can someone under 18 be married without the court's permission?

    No. A marriage contract may not be registered for anyone under 18. The court may permit the marriage of a boy or girl below that age who has reached puberty, once it is satisfied the marriage is in his or her interest. The application comes from the young person, the guardian or the mother; the young person must state clear consent before the court, and the mother is heard. Puberty, physical and mental maturity and the absence of risk are shown by a medical report plus psychological and social reports, though the judge may rely on just one of those last two.

    SourcePersonal Status Law, Art. 9 (Ministry of Justice legal portal)Personal Status Law Regulation, Art. 3 (Ministry of Justice legal portal)

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22. 22Can a father force his daughter to marry someone she does not want?

    No. No guardian, not even the father, may marry off a woman in his care without her consent, and the marriage contract must contain proof of that consent. The consent of both spouses is a condition of the marriage's validity in the first place.

    SourcePersonal Status Law, Arts. 13 and 17 (Ministry of Justice legal portal)

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23. 23Must there be a suitor before applying to establish ʿaḍl (a guardian blocking a marriage)?

    No. The Personal Status Law Regulation provides that establishing ʿaḍl requires neither the existence of a suitor nor, if there is one, his attendance. ʿAḍl means a guardian, even a father, preventing a woman in his care from marrying a suitable man she has accepted. The application may be made by her or by anyone with an interest, such as a relative or the Ministry of Human Resources and Social Development.

    SourcePersonal Status Law Regulation, Arts. 11 and 12 (Ministry of Justice legal portal)Personal Status Law, Art. 20 (Ministry of Justice legal portal)

    Read moreBefore the marriage contract: what the law requires, and what the conditions actually do

These answers are brief general information. They are no substitute for a review of the facts and documents of a particular matter.