Amendments to 'Notarization' and the Civil Code

Justice Minister and Legal Advisor Nasser Yousef Al-Sumait confirmed that the Cabinet’s approval today of the draft decree-law amending Article (830) of the Civil Code implements the high directives of His Highness the Amir of Kuwait, Sheikh Meshal Al-Ahmad Al-Jaber Al-Sabah, may God protect and guard him. This move reflects a keen commitment to safeguarding family and residential stability, as well as protecting the financial rights of partners in real estate.

Al-Sumait stated that the amendment addresses the social repercussions that may arise from partitioning residential properties and selling them at public auction, particularly when the property serves as the family home and the sole shelter for a father, mother, or child, and the owner’s funds are insufficient to purchase a suitable alternative residence.

He clarified that the amendment empowers the court, upon the request of one of the partners, to order the continuation of co-ownership for a specified period, provided it is established that the property is the partner’s only residence and their funds are insufficient to buy a suitable alternative residential property. This decision takes into account the partner’s family, social, and financial circumstances, allowing them time to arrange their affairs.

He added that this protection is temporary and contingent upon the continued existence of the underlying conditions. Any partner may request its termination once it is proven that either of the conditions has ceased to exist, thereby balancing the partner’s need for housing with the rights of the other partners.

Al-Sumait explained that the amendment also allows partners, during the proceedings for partition, to request the acquisition of the petitioner’s share in exchange for a value assessed by an expert appointed by the court. This ensures the petitioner receives fair compensation for their share while allowing the remaining partners to retain their residential property instead of having it sold at public auction.

He noted that the amendment establishes clear regulations for depositing the share’s value into the court’s treasury within a specified timeframe, addressing issues such as multiple acquisition requests and failure to deposit funds, to ensure the seriousness of requests and the expeditious resolution of procedures.

Al-Sumait emphasized that the family home holds value beyond its monetary price; it is the place where children grew up, where the family gathered, and where memories are anchored. Hence, it is crucial to provide legal solutions that respect this value and preserve each partner’s rights.

He further affirmed that the Cabinet’s approval today of the draft decree-law amending certain provisions of the Notarization Law represents a significant step toward enhancing family stability, protecting the rights of its members, and developing and facilitating notarization services, in line with the high directives of His Highness the Amir of Kuwait, Sheikh Meshal Al-Ahmad Al-Jaber Al-Sabah, may God protect and guard him, to develop legislation and elevate government services.

Al-Sumait clarified that the amendment requires prospective spouses to complete a qualification program before the marriage contract is notarized, aiming to raise awareness of the spouses’ rights, duties, and responsibilities in married life. The program’s curriculum, duration, and overseeing authority will be determined by a decision of the Minister of Justice, while the executive regulations will specify exemptions.

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 allow an opportunity for reconciliation. If the prescribed period elapses without reaching a settlement, the process may proceed, with exceptions for final judicial rulings and personal status cases where reconciliation is not permitted. He stressed that the objective is to give families a serious opportunity to address disputes and maintain cohesion.

He pointed out that the project mandates the notarization of marriage, separation, revocation of divorce (raj’a), and prohibited breastfeeding relationships. It requires interested 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.

In the realm of digital transformation, Al-Sumait explained that the amendment allows for documentation through the automated electronic system or via video conferencing using means approved by the Ministry of Justice, in addition to personal attendance. It also permits the electronic and remote documentation of personal status matters, subject to controls that ensure the integrity of procedures and the verification of the parties’ identities and intentions, while specifying cases that require personal attendance.

Al-Sumait clarified that the amendment abolished the requirement to document corporate deeds at the Ministry of Justice, including their establishment contracts, amendments, expiration, dissolution, and withdrawal. Instead, the specialized unit within the Commercial Register Department at the Ministry of Commerce and Industry will be responsible for approving these deeds, thereby facilitating corporate transactions, streamlining procedures, and preventing duplication among authorities, while regulating 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 of Commerce and Industry, while maintaining the validity and full legal probative value of previously documented deeds.

Al-Sumait 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 the development of documentation services strikes a balance between facilitating services and protecting rights, reflecting the Ministry’s orientation toward legislation that addresses societal needs and keeps pace with digital transformation.