Justice Minister: Amendments to Notarization Law to Strengthen Family Stability and Protect Members' Rights
Justice Minister and Legal Advisor Nasser Al-Sameet affirmed that the Cabinet’s approval of the draft decree-law amending certain provisions of the Notarization Law represents a significant step toward strengthening family stability, protecting the rights of family members, and developing and facilitating notarization services, in line with the high directives of His Highness the Amir Sheikh Meshal Al-Ahmad Al-Jaber Al-Sabah to develop legislation and elevate government services.
Al-Sameet explained that the amendment requires prospective spouses to complete a qualification program before the marriage contract is notarized, in order to enhance awareness of the spouses’ rights, duties, and responsibilities in married life. The program’s curriculum, duration, and the entity responsible for its implementation will be determined by a decision of the Justice Minister, while the executive regulations will specify the cases exempted from this requirement.
He added that the amendment mandates, prior to the notarization of a divorce or khula (judicial divorce initiated by the wife), recourse to the Family Dispute Resolution Center to provide an opportunity for reconciliation. If the prescribed period elapses without reaching a settlement, the notarization may proceed, with exceptions for final judicial rulings and personal status cases where reconciliation is not permitted. He emphasized that the objective is to give families a serious opportunity to address disputes and preserve family cohesion.
Al-Sameet noted that the project stipulates the mandatory notarization of marriage, separation, revocation of divorce (raj’a), and prohibited breastfeeding relationships. It obligates concerned parties to refer the matter to the judiciary if notarization proves impossible, in order to safeguard rights and lineage. Furthermore, it regulates electronic linkage between the Family Court Registry Department and the Notarization Department to automatically record final judgments related to marriage and separation in the notarization registers.
Regarding digital transformation, Al-Sameet clarified that the amendment allows notarization through the automated electronic system or via video conferencing using means approved by the Ministry of Justice, in addition to in-person attendance. It permits the remote electronic notarization of personal status matters, subject to controls that ensure procedural integrity, verify the identity of the parties, and confirm their consent, while specifying cases that require personal presence.
Al-Sameet explained that the amendment abolishes the requirement to notarize company documents at the Ministry of Justice, including their establishment contracts, amendments, expiration, dissolution, and exit procedures. Instead, the specialized unit within the Ministry of Commerce and Industry responsible for the Commercial Register will authenticate these documents. This aims to facilitate corporate transactions, streamline procedures, and prevent duplication among authorities, while regulating data and record exchange between the two ministries.
He confirmed that the Ministry of Justice will continue to accept company transactions until the specialized unit begins its operations, pursuant to a joint decision by the Ministers of Justice and Commerce and Industry, while maintaining the validity and full legal effect of previously notarized documents.
Al-Sameet concluded by emphasizing that the project stipulates that the amendment will take effect six months after its publication, allowing time to complete regulatory and technical requirements. He stressed that developing notarization services combines facilitating service delivery with protecting rights, reflecting the Ministry’s orientation toward legislation that addresses societal needs and keeps pace with digital transformation.
