Justice Minister: Notarization Law Amendment a Key Step to Enhance Family Stability and Improve Services

Kuwait, Oct 6 (KUNA) -- Justice Minister and Advisor Nasser Al-Sameet stated that the Cabinet’s approval of a draft law decree 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 a press statement on Tuesday, Advisor Al-Sameet said this amendment aligns 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.

He clarified that the amendment mandates that couples intending to marry complete a qualification program before the marriage contract is notarized. This aims to enhance awareness of the spouses’ rights, duties, and responsibilities in married life. The program’s curriculum, duration, and implementing authority will be determined by a decision of the Justice Minister, while the executive regulations will specify cases exempt from this requirement.

Furthermore, the amendment requires that before the notarization of a divorce or khula (judicial divorce initiated by the wife), parties must refer to the Family Dispute Resolution Center to allow an opportunity for reconciliation and to observe the prescribed waiting period without reaching a settlement. Exceptions apply to final judicial rulings and personal status cases where reconciliation is not permitted. Al-Sameet emphasized that the objective is to give families a serious opportunity to resolve disputes and maintain their cohesion.

He noted that the project mandates the notarization of marriage, separation, revocation of divorce (raj’a), and prohibited breastfeeding relationships. It obligates concerned parties to refer matters to the judiciary if notarization proves impossible, in order to safeguard rights and lineage. Additionally, 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, Advisor Al-Sameet explained that the amendment permits 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 also allows for the remote electronic notarization of personal status matters under controls that ensure procedural integrity and verify the identity and intent of the parties, while specifying cases requiring personal presence.

Al-Sameet pointed out that the amendment abolishes the requirement to notarize company documents at the Ministry of Justice, including their establishment, amendments, dissolution, liquidation, and exit agreements. Instead, the specialized unit for the Commercial Register at the Ministry of Commerce and Industry will be responsible for endorsing these documents 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 preserving the validity and full legal force of previously notarized documents.

Advisor Al-Sameet noted 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. (End) N.S. / N.W.F