Al-Samit: Mandatory qualification before marriage registration and reconciliation attempts before divorce registration

- Enabling the electronic and remote documentation of personal status matters in accordance with regulations that ensure the integrity of procedures.

- Abolishing the requirement for the authentication of corporate documents at the Notary Public, and adopting them at the Commercial Register under the Ministry of Commerce.

- Continuation of the acceptance of corporate transactions until the specialized unit begins its work.

The Minister of Justice, Advisor Nasser Youssef Al-Samit, confirmed that the Cabinet’s approval today of the draft decree-law amending certain provisions of the Documentation Law represents a significant step toward enhancing family stability and protecting the rights of its members, as well as developing documentation services and facilitating related procedures. This aligns with the high directives of His Highness the Amir of Kuwait, Sheikh Meshal Al-Ahmad Al-Jaber Al-Sabah, to develop legislation and elevate government services.

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Al-Samit clarified that the amendment mandates that those intending to marry complete a qualification program before the marriage contract is documented. This aims to raise awareness of the rights and duties of spouses and the responsibilities of 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 exempt from this requirement.

He added that the amendment requires, prior to documenting 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 stipulated period expires 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 maintain their cohesion.

He noted that the project mandates the documentation of marriage, separation, revocation of divorce (raj’a), and prohibited breastfeeding relationships. It obligates concerned parties to refer the matter to the judiciary if documentation proves impossible, in order to safeguard rights and lineage. Furthermore, it regulates electronic linkage between the Family Court Registry Department and the Documentation Department to automatically record final judgments related to marriage and separation in the documentation registers.

Regarding digital transformation, Al-Samit explained that the amendment allows documentation through the automated electronic system or via video conferencing using means approved by the Ministry of Justice, in addition to personal attendance. It also permits the electronic and remote documentation of personal status matters, subject to controls that ensure procedural integrity and verify the identity and intent of the parties, while specifying cases requiring personal attendance.

He clarified that the amendment abolished the requirement for the authentication of corporate documents at the Ministry of Justice, including their establishment contracts, amendments, expiration, dissolution, and exit from partnerships. Instead, the specialized unit at the Commercial Register within the Ministry of Commerce and Industry will adopt these documents. This facilitates corporate transactions, streamlines procedures, prevents duplication of efforts among authorities, and regulates data and record exchange between the two ministries.

Al-Samit confirmed that the Ministry of Justice will continue to accept corporate transactions until the specialized unit begins its work, in accordance with a joint decision by the Ministers of Justice and Commerce and Industry. This ensures the validity and full legal probative value of previously authenticated documents.

He 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 documentation 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.