legal consequences of divorce in Kuwait

The Arabic word for divorce is talaq which means "freeing or undoing the knot".In the terminology of the jurists. Talaq signifies the dissolution of marriage or the annulment of its legality by the pronouncement of certain words. There are two kinds of divorce revocable and irrevocable divorce. In revocable divorce, the marriage does not terminate, and during the waiting period of the wife, the husband and the wife can reunite, while in irrevocable divorce the husband cannot take his wife back. At ILG you will find the best divorce lawyers in Kuwait to solve all matters related to divorce.

When spouses can't continue to live together and preserve the family, eventually they could consider getting a divorce. Furthermore, the personal status act of Kuwait protects women's rights after divorce through many regulations. Women’s rights after divorce are as follow:

• Deferred dowry which is managed according to the marriage contract.
• Waiting period payment which operates for three calendar months. 
•  A Consolation gift that operates for not more than a year, it also depends on the opinion of the judge.

A divorced mother in Kuwait has the right to custody of her children. The ex-husband is obliged to provide custody expenses covering food, clothing, medical and educational expenses,  in addition to a lactation allowance if she is to breastfeed her child. Other expenses may vary depending on the financial situation of the husband and the opinion of the judge. As it is recommended to get  a consultation from an experienced custody lawyer in Kuwait to provide you with a detailed explanation of the accrued alimony regarding your situation. 

• The wife may hire a Kuwaiti family law lawyer to file a divorce lawsuit before a Kuwaiti family law court on the ground of harm or spousal ill-treatment. She must provide evidence of abuse or neglect to the family court. If the judge found that the evidence supports her claim he will grant her a divorce with all other rights resulting from marriage and divorce. 
• If the wife did not provide any evidence of abuse or neglect to the family court, and it turns out that she has caused harm to her husband, the judge will order an immediate divorce, without granting her any of the rights that result from marriage and divorce. 
• If the Kuwaiti family law court finds that both spouses have caused harm to each other, the judge may order a divorce, in this case, the wife's rights after fault-based divorce may be granted fully or partially or not at all, according to the judge's decision.

Customary marriage is not legally recognized in Kuwait, moreover, there are no rights resulting from customary marriage except for the right to establish paternity. However, the customary marriage should be proved before establishing paternity. The personal status act of Kuwait has regulated all rights resulting from marriage within the context of a legitimate marriage. So, being assisted by an expert divorce Kuwaiti lawyer will educate you on the requirements of proving the customary marriage in Kuwait.

Undoubtedly, changing life circumstances could threaten the stability of the marriage. In this regard, we found that Kuwaiti law was flexible enough to protect the rights of spouses and children during and after divorce. Moreover, when divorced women hire a family law lawyer to file divorce lawsuits or alimony lawsuits, or when the husband or the father seeks the assistance of a family law firm to file a fault-based divorce or decrease alimony lawsuit, they should consider hiring an expert family law lawyer to present them successfully before the court. 

In conclusion of this article presented on the Integrated Legal Group (ILG) website, we touched upon the definition of divorce in the sharia and Kuwaiti law, explaining the types of fault-based divorce and the consequences of each type. Eventually, it becomes clear the necessity of hiring an expert Kuwaiti family law lawyer to represent the affected persons before the Personal Status Court, as well as to obtain the best divorce judgment at the discretion of the judge.