Family life is not at all easy. Sometimes, being together just doesn’t work for two individuals especially when the relationship has already gotten sour, and differences too irreconcilable. If a Kuwaiti and a non-Kuwaiti citizen decide to end a (court) marriage, there are certain requirements and considerations to be taken care of as sanctioned by the Ministry of Justice and according to State and Islamic laws.
First and foremost, both parties need to seek legal counsel to settle what they can still sort out off-court, but in the event that reconciliation is no longer possible and is out of the question, a marriage contract can be concluded legally through the following steps:
Terminating a Marriage Contract in Kuwait
As many of you would know, Kuwait is governed by Islamic practices. Therefore, a marriage between a Kuwaiti and a non-Kuwaiti individual needs to be handled sensitively as most of the time, both parties practice a different religion. This is the exact reason why legal counsel is needed to organize this process. Before a marriage contract is concluded, all he terms and provisions related to separation or divorce will need to be considered first. When everything has been settled accordingly, both parties will need to prepare the following requirements and personally undertake certain steps in the presence the wife’s guardian as well as two other witnesses.
- The Civil ID or nationality certificate of the Kuwaiti applicant
- The Civil or valid passport of the non-Kuwaiti resident applicant
- For illegal residents: a letter from the executive Committee as well as personal identification of the applicant.
- For widow applicants or if the guardian is deceased: a document to support the determination of heirs
- If the husband is a student, a dealer, retired or unemployed: a letter from the Public Institution for Social Security
- A certificate of divorce for the divorcee
- If the husband is serving the military, a marriage permit from his employer will also be needed.
- A Special Power of Attorney
- Go to the Authentication Office located at Ahmadi Court Complex or Riggai Court Complex and submit all the applicable above documents required.
- Completely fill out the service application form available on-site.
- Settle the application service fees: KD 7.00
- Fee for the visiting court representative: KD 6.00
- Fixed Fees: KD 1.00
As in any other country, the process for divorce can take up a significant amount of time based on the circumstances surrounding its necessity. If there is abuse or the children are involved, the judge will usually refer the case to professionals for counsel first. In the event that either or both parties no longer wish to seek counselling, they will be required to sign a document in order to take the case to court and only then will the divorce proceedings begin.