Legislative Amendments for Family Stability

- Addressing the social repercussions that may arise from the partition of residential properties and their sale by public auction.

- Safeguarding family and housing stability, and protecting the financial rights of co-owners in real estate.

- Mandatory pre-marital counseling and attempted reconciliation prior to the notarization of divorce.

- Divorce shall not be notarized unless recourse is made to the Dispute Resolution Center and the stipulated period elapses without achieving reconciliation.

- Abolishing the requirement for the notarization of corporate documents at the Notary Public’s office, and adopting their approval by the Ministry of Commerce.

- Al-Sumeit: High directives to develop legislation and elevate government services.

As part of the legislative reform plan, the Council of Ministers approved a draft decree-law amending Article (830) of the Civil Code, and a draft decree-law amending certain provisions of the Notarization Law.

The draft amendment to the Notarization Law, which the Council endorsed during its meeting chaired by His Highness Sheikh Ahmed Abdullah Al-Ahmad Al-Sabah, aims to simplify procedures, enhance electronic integration among relevant authorities, and strengthen official records and documents, while preserving existing legal statuses.

The draft decree seeks to organize and develop notarization procedures at the Notarization Department of the Ministry of Justice through two main pathways: first, abolishing the government notary’s jurisdiction to notarize corporate documents and transferring it to the Commercial Register Unit at the Ministry of Commerce and Industry, while regulating coordination and record exchange between the two entities; and second, notarizing personal status matters, including marriage, various forms of marital separation, revocation of divorce, and related pre-marital counseling and pre-divorce reconciliation attempts, alongside regulating remote electronic notarization.

He clarified that “the amendment requires those intending to marry to complete a counseling program prior to contract notarization, to enhance awareness of spouses’ rights, duties, and responsibilities in married life. It also requires, prior to the notarization of divorce or khula (judicial divorce initiated by the wife), recourse to the Family Dispute Resolution Center to allow an opportunity for reconciliation, and the expiration of the stipulated period without reaching an agreement, 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 their cohesion.”

The Council of Ministers also approved a draft decree-law amending the text of Article 830 of the Civil Code issued by Decree-Law No. 67 of 1980, by adding two new clauses so that its scope is limited to residential property held in co-ownership, excluding other jointly owned assets. This grants the court the authority to order the continuation of co-ownership for a specified period to protect the co-owner who has no other shelter, and allows the remaining co-owners to acquire the share of the partition applicant at its fair market value, instead of selling the property by public auction when physical partition is not feasible.

The draft decree-law strikes a balance between the co-owner’s right to exit the co-ownership and claim the fair value of their share, and the interest of the remaining co-owners in retaining their residential property, while protecting the party who has no other shelter. It makes continued co-ownership a temporary exception subject to two conditions and terminable upon their removal. It provides acquisition as an alternative to auction, under regulations that ensure the seriousness of the request and prevent prolonging litigation, while preserving established statuses by not affecting cases where a judgment confirming the auction has been issued.

Al-Sumeit affirmed that the Council of Ministers’ approval of the Civil Code amendment implements high directives and reflects a commitment to protecting family and housing stability, and safeguarding the financial rights of co-owners in real estate.

He stated that “the amendment addresses the social repercussions that may arise from the division of residential properties and their sale by public auction, particularly when the property is the family home and the sole shelter of a father, mother, or child, and the proceeds are insufficient to purchase a suitable alternative residence.”