Cabinet Approves Amendments to the 'Civil Code' and Some Provisions of 'Notarization'

Justice Minister and Legal Advisor Nasser Al-Sameet confirmed that the Cabinet’s approval of two draft laws amending Article 830 of the Civil Code and certain provisions of the Notarization Law aims to protect family and residential stability, safeguard the financial rights of partners, and develop and facilitate notarization services.

Al-Sameet explained that the amendment to Article 830 grants the court the authority to maintain a property in a state of co-ownership for a period it determines, upon the request of one of the partners, if the property is their only residence and they lack sufficient funds to secure a suitable alternative housing, taking into account their family, social, and financial circumstances. This protection ends once the grounds for it cease to exist.

He added that the amendment also allows the remaining partners to acquire the share of the partner requesting partition against a fair price determined by an expert appointed by the court, thereby securing the partner’s financial entitlements and avoiding the auction sale of the family home.

Regarding the Notarization Law, Al-Sameet stated that the draft requires individuals preparing for marriage to complete a preparatory program before the marriage contract is notarized, in order to enhance awareness of marital rights and obligations. It also mandates that before the notarization of divorce or khula (judicial divorce initiated by the wife), parties must refer to the Family Dispute Resolution Center and be given an opportunity for reconciliation, with exceptions for final judgments and cases where reconciliation is not permitted.

He pointed to the regulation of electronic and remote notarization in personal status matters, under controls that ensure the integrity of procedures and the verification of the parties’ identities and intentions. This is accompanied by electronic linkage between the Family Court and the Notarization Administration to authenticate final judgments related to marriage and separation.

Furthermore, he noted the abolition of the requirement to notarize company documents at the Ministry of Justice, including articles of incorporation, amendments, dissolution, liquidation, and withdrawal. These documents will instead be authenticated by the specialized Commercial Register Unit at the Ministry of Commerce and Industry, streamlining procedures and preventing duplication.

Al-Sameet affirmed that the Ministry of Justice will continue to accept company transactions until the specialized unit begins its operations, with previously notarized documents remaining valid and fully enforceable. He clarified that the amendments will take effect six months after their publication to allow time for completing regulatory and technical requirements.