Justice Minister: Mandatory Qualification Before Marriage Notarization and Reconciliation Attempts Before Divorce Notarization

Justice Minister and Legal Advisor Nasser Al-Samait confirmed 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 its members, and developing and streamlining 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-Samait 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 of married life. The program’s curriculum, duration, and the entity responsible for implementing it will be determined by a decision of the Justice Minister, while the executive regulations will specify cases exempted from this requirement. He added that the amendment also mandates, prior to the notarization of divorce or khula (judicial divorce initiated by the wife), that parties refer to the Family Dispute Resolution Center to allow 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 their cohesion.

He noted that the project stipulates the mandatory notarization of marriage, separation, revocation of divorce (raj’a), and prohibited breastfeeding relationships. It obligates interested parties to refer the matter to the judiciary if notarization proves impossible, in order to safeguard rights and lineage. The amendment also 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-Samait 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 and verify the identity and intent of the parties, while specifying cases that require personal presence.

Al-Samait further explained that the amendment abolishes the requirement to notarize company documents at the Ministry of Justice, including their establishment contracts, amendments, dissolution, termination, and exit procedures. Instead, the specialized unit within the Commercial Register Department at the Ministry of Commerce and Industry will be responsible for endorsing these documents. This aims to facilitate corporate transactions, streamline procedures, prevent duplication among authorities, and regulate data and record exchange between the two ministries. He confirmed that the Ministry of Justice will continue to accept corporate 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-Samait 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 access with protecting rights, reflecting the Ministry’s orientation toward legislation that addresses societal needs and keeps pace with digital transformation.

On a separate note, Justice Minister and Legal Advisor Nasser Al-Samait confirmed that the Cabinet’s approval of the draft decree-law amending Article 830 of the Civil Code implements the high directives of His Highness the Amir, Sheikh Meshal Al-Ahmad Al-Jaber Al-Sabah, and reflects a commitment to protecting family and residential stability, as well as safeguarding the financial rights of partners in real estate.

Al-Samait stated that the amendment addresses the social consequences that may arise from partitioning residential properties and selling them at public auction, particularly when the property is the family home and the sole shelter for a father, mother, or child, and their funds are insufficient to purchase a suitable alternative residence.

He clarified that the amendment grants the court, upon the request of one of the partners, the authority to order continued co-ownership for a specified period, provided it is established that the property is their sole residence and their funds are insufficient to purchase a suitable alternative residential property, taking into account their family, social, and financial circumstances and allowing them time to arrange their affairs. He added that this protection is temporary and contingent on the continued existence of the underlying conditions. Any partner may request its termination once it is proven that either of the conditions has ceased, thereby balancing the requesting partner’s housing needs with the rights of the other partners.

Al-Samait further explained that the amendment also allows partners, during the proceedings of a partition lawsuit, to request the purchase of the partitioning party’s share in exchange for a value assessed by an expert appointed by the court. This enables the purchasing partner to receive fair compensation for their share while allowing the remaining partners to retain their residential property instead of selling it at public auction.

He noted that the amendment establishes clear controls for depositing the share’s value into the court’s treasury within the specified timeframe, and addresses issues of multiple purchase requests and failure to deposit, ensuring the seriousness of requests and the swift resolution of procedures.

Al-Samait emphasized that the family home holds value beyond its monetary worth; it is the place where children grew up, where the family gathered, and where memories are anchored. Hence, the importance of providing legal solutions that respect this value and preserve each partner’s rights.