Mandatory Pre-Marriage Training Required Before Official Contract Notarization
Justice Minister and Advisor Nasser Al-Samait announced that the Council of Ministers approved, during its meeting today, two draft laws amending certain provisions of the Notarization Law and the Civil Code.
Al-Samait stated that the amendment to the Notarization Law represents an important step to enhance family stability, protect the rights of its members, and develop and facilitate 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.
He clarified that the amendment requires those seeking marriage to complete a qualification program before the marriage contract is notarized, to enhance awareness of the spouses' rights, duties, and responsibilities in married life. The program’s curriculum, duration, and the entity responsible for it will be determined by a decision of the Minister of Justice, while the executive regulations will specify cases exempted from this requirement.
He added that the amendment also requires, before notarizing a divorce or khula (judicial divorce initiated by the wife), recourse to the Family Dispute Resolution Center to provide an opportunity for reconciliation. This applies if the prescribed period elapses without reaching a settlement, with exceptions for final judicial rulings and personal status cases where reconciliation is not permissible. He emphasized that the goal is to give families a serious opportunity to resolve disputes and maintain their cohesion.
Regarding digital transformation, Al-Samait explained that the amendment allows notarization through the automated electronic system or video conferencing via means approved by the Ministry of Justice, in addition to personal attendance. It permits the electronic and remote notarization of personal status matters, subject to controls that ensure the integrity of procedures and verify the identity and intent of the parties, while specifying cases that require personal attendance.
Al-Samait clarified that the amendment abolishes the mandatory requirement to notarize corporate documents at the Ministry of Justice, including their establishment contracts, amendments, dissolution, liquidation, and withdrawal. Instead, the specialized unit in the Commercial Register at the Ministry of Commerce and Industry will be responsible for endorsing 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 corporate transactions until the specialized unit begins its work, according to a joint decision by the Ministers of Justice and Commerce and Industry, while maintaining the validity and full legal force of previously notarized documents.
He noted that the project stipulates that the amendments will take effect six months after their publication, to allow time to complete regulatory and technical requirements. He stressed that developing notarization services combines facilitating services with protecting rights, reflecting the ministry’s orientation toward legislation that addresses societal needs and keeps pace with digital transformation.
Regarding amendments to the Civil Code, Al-Samait explained that they affect Article 830, implementing the high directives of His Highness the Amir and reflecting a commitment to protecting family and residential stability and safeguarding the financial rights of partners in real estate.
He stated that the amendment addresses the social consequences that may result from partitioning residential properties and selling them at public auction, particularly when the property is the family home and the only 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 the suspension of co-ownership for a period it determines, provided it is established that the property is their only residence and their funds are insufficient to buy a suitable alternative residential property, taking into account their family, social, and financial circumstances and allowing them time to arrange their affairs.
Al-Samait added that this protection is temporary and contingent on the continued existence of the reasons for it. Any partner may request its termination once either of the two conditions ceases to exist, achieving a balance between the partner’s need for housing and the rights of the other partners.
He said the amendment also allows partners, during the consideration of a partition lawsuit, to request acquiring the requesting partner’s share in exchange for a value assessed by an expert appointed by the court. This enables the requesting partner to receive fair compensation for their share while allowing the other 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 in the court’s treasury within the specified period, and addresses multiple ownership requests and failure to deposit, to ensure the seriousness of requests and the swift resolution of procedures.
Al-Samait concluded that the family home holds a value beyond its monetary price; it is the place where children grew up, where the family gathered, and where memories are attached. Hence, the importance of providing legal solutions that respect this value and preserve each partner’s rights.
