Amendment of the Civil Law
The Cabinet, in its meeting yesterday chaired by His Highness Sheikh Ahmad Abdullah Al-Salim Al-Sabah, Prime Minister, approved a draft law decree amending certain provisions of Law No. 10 of 2020 concerning Notarization. The aim is to simplify procedures, develop electronic integration among competent authorities, and enhance official records and documents, while preserving existing legal statuses.
In a statement following the meeting, the Cabinet clarified that the draft law decree aims to organize and develop notarization procedures at the Notarization Department of the Ministry of Justice through two main tracks. The first track involves abolishing the authority of the government notary to notarize company documents and transferring this jurisdiction to the Commercial Registry Unit at the Ministry of Commerce and Industry, while organizing coordination and record exchange between the two entities.
The second track involves notarizing personal status matters, including marriage, divorce of various types, reconciliation (ruju'), and related prior marriage qualification and pre-divorce reconciliation attempts, while organizing remote electronic notarization.
The statement noted that the draft law decree works to protect family rights by mandating the notarization of marriage facts, divorce of various types, and reconciliation, linking them to prior qualification and reconciliation attempts, and keeping pace with technology by establishing remote electronic notarization and linking judicial records.
It was specified that the draft law decree mandates that a marriage contract cannot be notarized unless both parties have completed the Marriage Prospects Qualification Program. A decision by the Minister of Justice will determine the program’s curriculum, duration, completion requirements, and the executing entity. The Cabinet referred the draft law decree to His Highness the Amir of Kuwait, Sheikh Meshal Al-Ahmad Al-Jaber Al-Sabah.
Civil Law
The Cabinet also approved a draft law decree amending Article (830) of the Civil Law issued by Law Decree No. 67 of 1980, by adding two new clauses to limit its scope to residential property owned in co-ownership, excluding other common properties.
In its statement following the meeting, the Cabinet said the amendment grants the court the authority to order the continuation of co-ownership for a specified period to protect the partner who has no other shelter, and allows the remaining partners to acquire the share of the partition applicant at its fair value instead of selling the property at a public auction when physical partition is impossible.
It added that the draft law decree seeks to balance the partner’s right to exit co-ownership and claim the fair value of their share with the interest of the remaining partners in retaining their residential property and protecting the party who has no other shelter.
It was explained that remaining in co-ownership is made a temporary exception subject to two conditions and terminable upon their disappearance. It allows acquisition as an alternative to auction under controls that ensure the seriousness of the request and prevent prolonging litigation, while preserving established statuses by not affecting rulings issued regarding the fall of the auction.
It pointed out that the main axes of the draft law decree include:
- The scope and subject of the amendment.
- The court’s authority to order continuation of co-ownership.
- The condition for ruling on continuation of co-ownership.
- Acquisition of the partition applicant’s share at fair value.
- Provisions on multiple acquisition applicants and deposit.
- The effect of failing to deposit within the specified period.
- The temporal scope of application and ruling on established statuses.
The Cabinet referred the draft law decree to His Highness the Amir of Kuwait, Sheikh Meshal Al-Ahmad Al-Jaber Al-Sabah.
Minister of Justice: High Directives to Develop Legislation and Upgrade Government Services / Advisor Nasser Al-Sameet /
Minister of Justice, Advisor Nasser Al-Sameet, stated that the Cabinet’s approval of the draft law decree amending certain provisions of the Notarization Law represents an important step to enhance family stability, protect the rights of its members, and develop and facilitate notarization services.
Advisor Al-Sameet added in a press statement yesterday that this amendment comes within the framework of the high directives of His Highness the Amir, Sheikh Meshal Al-Ahmad Al-Jaber Al-Sabah, to develop legislation and upgrade government services.
He clarified that the amendment requires marriage prospects to complete a qualification program before the contract is notarized to enhance awareness of spouses’ rights, duties, and responsibilities of married life. The program’s curriculum, duration, and executing entity will be determined by a decision of the Minister of Justice, and the executive regulations will specify exemption cases.
He noted that the amendment requires, before notarizing divorce or khula (judicial divorce initiated by the wife), referring to the Family Dispute Resolution Center to allow an opportunity for reconciliation and for the prescribed period to elapse without reaching an agreement, with the exception of final judicial rulings and personal status lawsuits where reconciliation is not permitted. He emphasized that the goal is to give the family a serious opportunity to address disputes and maintain cohesion.
He pointed out that the project mandates the notarization of marriage, separation, reconciliation, and prohibited breastfeeding, and obligates concerned parties to refer the matter to the judiciary if notarization is impossible, to preserve rights and lineage. It also organizes electronic integration between the Family Court Registry Department and the Notarization Department to automatically record final judgments related to marriage and separation in the notarization records.
Regarding digital transformation, Advisor Al-Sameet stated 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 presence. It permits remote electronic notarization of personal status matters under controls that preserve procedural integrity and verify the identity and intent of the parties, while specifying cases requiring personal presence.
Al-Sameet explained that the amendment abolished the requirement to notarize company documents at the Ministry of Justice, including their establishment, amendments, termination, dissolution, and withdrawal, with the Commercial Registry Unit at the Ministry of Commerce and Industry taking over the approval of these documents to facilitate company transactions, streamline procedures, prevent duplication among authorities, and organize data and record exchange between the two ministries.
He confirmed that the Ministry of Justice will continue to receive company transactions until the specialized unit begins its work, according to a joint decision by the Ministers of Justice and Commerce and Industry, while preserving the validity and full evidentiary weight of previously notarized documents.
Advisor Al-Sameet noted that the project stipulates that the amendment will take effect six months after its publication to allow time to complete regulatory and technical requirements, stressing that developing notarization combines service facilitation with rights protection and reflects the Ministry’s trend toward legislation addressing societal needs and keeping pace with digital transformation.
Clear Controls
Al-Sameet said the Cabinet’s approval of the draft law decree amending Article (830) of the Civil Law implements high directives and reflects the commitment to protecting family and housing stability and safeguarding the financial rights of partners in property.
He added that the amendment addresses the social effects that may result from dividing residential properties and selling them at public auction, especially when the property is the family home and the only shelter for a father, mother, or child, and their funds are insufficient to buy a suitable alternative residence.
He clarified that the amendment grants the court, upon request by one of the partners, the authority to order continuation of co-ownership for a specified period if 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.
He pointed out that this protection is temporary and linked to the continued existence of its causes, and any partner may request its termination if it is established that either of the two conditions has ceased, achieving a balance between the partner’s housing need and the rights of the other partners.
He explained that the amendment also allows partners, during the consideration of a partition lawsuit, to request to acquire the partition applicant’s share against a value estimated by an expert appointed by the court, so the applicant receives the fair value of their share and the remaining partners retain their residential property instead of selling it at public auction.
He noted that the amendment sets clear controls for depositing the share’s value in the court treasury within the specified period and addresses multiple acquisition requests and failure to deposit to ensure the seriousness of requests and expedite procedural resolution.
The Minister of Justice emphasized that the family home holds a value beyond its price; it is where children grew up, the family gathered, and memories are tied. Hence, the importance of providing legal solutions that consider this value and preserve each partner’s right.
