Al-Samit: Mandatory Pre-Marriage Training and Attempted Reconciliation Before Divorce Notarization... Cancellation of Mandatory Notarization of Company Documents at Notary Public

Justice Minister and Advisor Nasser Yousef Al-Samait affirmed that the Cabinet’s approval today of a draft law decree amending certain provisions of the Notarization Law represents a significant step toward strengthening family stability, protecting the rights of family 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-Samait clarified 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 the cases exempt from this requirement.

He added that the amendment mandates, prior to the notarization of divorce or khula (judicial divorce initiated by the wife), recourse to the Family Dispute Resolution Center to provide an opportunity for reconciliation. If the prescribed period expires without reaching a settlement, the process 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 family cohesion.

Al-Samait noted that the project stipulates the mandatory notarization of marriage, separation, revocation of divorce (raj’a), and prohibited breastfeeding relationships. It obligates concerned 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.

Regarding digital transformation, Al-Samait explained 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 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 presence.

Al-Samait clarified that the amendment abolishes the requirement to notarize company documents at the Ministry of Justice, including their establishment contracts, amendments, expiration, dissolution, and exit procedures. Instead, the specialized unit within the Commercial Registry Department at the Ministry of Commerce and Industry will be responsible for endorsing these documents, thereby facilitating corporate transactions, streamlining procedures, preventing duplication among authorities, and 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 Commerce and Industry, while maintaining the validity and full legal force 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 service delivery with protecting rights, reflecting the Ministry’s orientation toward legislation that addresses societal needs and keeps pace with digital transformation.