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The personal status law and its provisions in Kuwait

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Over the past 10 years, ILG has successfully obtained thousands of final judgments in favor of our clients in family law matters. We listen carefully to our client’s concerns, finding fair and sensible solutions to all kinds of family law disputes.

legal consequences of divorce in Kuwait

Kuwaiti official statistics have shown that the divorce rate has significantly increased in previous years. In the last year, more than 200 religious edicts (fatwas) about seeking a divorce have been submitted to the  Fatwa Council affiliated with the Ministry of Awqaf in Kuwait. A recent study by the Ministry of Justice shows that the number of reasons for divorce has increased from 19 to 29 reasons over the last few years. Another official study at the ministry of justice expects that divorce cases will reach 8906 cases in 2022 after they were 7565 cases in 2018 with an increasing rate of 1331 cases. According to most Islamic scholars divorce is permissible,  but it is strongly discouraged by Islamic moral teaching. divorce is accompanied by financial settlements such as deferred dower, maintenance during the period of waiting, consolatory gifts, and more. These financial matters should be considered carefully before getting a divorce. Don't forget to consult an experienced Kuwaiti divorce lawyer to counsel you on rights and obligations during the divorce dispute. To read more click here. 

The Specific types of alimony in Kuwait

Most people, especially married and divorced women, find alimony cases and the following procedures problematic and confusing. Alimony is covered under the Kuwaiti personal status law and family law.  The husband is legally obliged to maintain his wife, however, the amount of the alimony differs depending on the financial situation of the husband. According to Sharia law and the law of Kuwait mothers have the right of custody over their children. They are also entitled to spousal and child support which include the costs of accommodation, food, communications, transportation, and more. That means the Kuwaiti legislation has provided all the procedures to protect women against arbitrary divorce.

This shows the importance of being assisted by an experienced family law lawyer in Kuwait. An experienced lawyer in alimony cases will guide his/her clients through all matters related to their cases until reaching a final judgment in favor of the clients. In this article, we will answer a lot of questions related to alimony matters and the detailed procedures for seeking enforcement of an alimony judgment.  Click Here to Read More. 

Custody and the visitation rights in Kuwait

There are specific requirements imposed by Kuwaiti law for the custodial parent. which are that a custodian (Mother of the child) must have attained the legal age and be of sound mind, as well as trustworthy and capable of raising the child and safeguarding his or her physical and moral well-being. However, the mother's custody is forfeited if she marries another man. On the other hand, non-muslim women have the right of custody of their children until they reach the age of acknowledging religions. Under the Kuwaiti family law code, the father is obliged to incur the costs of accommodation, food, communications, transportation, and more. According to a Kuwaiti court, other expenses like car and driver expenses may vary depending on the husband's financial situation. It is important to mention that being assisted by an experienced family law lawyer in Kuwait will establish and protect your rights.  Click Here to Read More. 

Guardianship and the conditions thereof in Kuwaiti Law

Guardianship is over a minor child who has not reached the age of majority, whether he is conscious or not. It is divided into two parts: guardianship of the person and guardianship of the estate. The guardianship of money and self together return to the father, and in the absence of the father, it returns to the consanguine grandfather. In the absence of the father or the consanguine grandfather, guardianship over the person is separated from guardianship over the estate. Remember that a skilled Kuwaiti family law attorney will counsel you on the best courses of action. To Read More click here. 

Inheritance matters in Kuwaiti laws

Inheritance matters are governed by Sharia law and the civil code of Kuwait. The Kuwaiti law of personal statutes facilitates the litigation on inheritance matters However, the Kuwaiti legislature has adopted the principles of sharia as the primary source of legislation on inheritance matters. If the court could not find any law from the personal status act of Kuwait  to regulate an inheritance case, it turns to the provisions of the islamic sharia, to read more click here. 

The Marriage contract and the obligations thereof in Kuwaiti law

Islamic Sharia has made the marriage contract controls, provisions, pillars, and conditions, and marriage in Islam is a sacred charter and a reason for establishing lineage, and Islam has prohibited other relationships, as through marriage alone this legal bond is produced by which the offspring belong to the husband, and the Kuwaiti Personal Status Law has followed the provisions of Islamic Sharia. And put it in legal templates to control everything that regulates the marriage contract and the resulting obligations, and we find that the Kuwaiti Personal Status Law has established other mechanisms to regulate other stages that the marriage contract may go through, such as annulment of the marriage contract, annulment of the marriage contract, or documentation of The marriage contract, or other lawsuits arising such as the lawsuit to prove the marriage contract, the lawsuit for falsifying the marriage contract, and other matters related to the marriage contract that we will address in this article, to read click here. 

Proving & disproving of paternity in Kuwait

The Islamic Sharia and the Personal Status Act of Kuwait show special concern for paternity matters. From the Islamic Point of view, marriage is recognized as the basis of society, it's a religious duty and a very serious commitment. It is a contract for the legalization of intercourse and the procreation of children. The bond between a father and son is of the utmost importance from the legal and religious perspectives. Thus the family, which comes into being, as a result of this marriage is the basic foundation of society. However, provisions of the Islamic Sharia have regulated all matters related to the proving of paternity and disproving of paternity. The personal Status Act of Kuwait has placed the Islamic provisions into a legal frame to manage the process of filing paternity lawsuits and disproving paternity lawsuits, to read more click here. 

Addition & abolition of Surnames in Kuwaiti law

Our names are a vital part of who we are. They carry deep cultural and historical connections which give us a sense of who we are. Our names are composed of first name and middle name (the name of the father and the grandfather). Then comes the surname, it is worth mentioning that some people do not have any surnames. Moreover, people may have some other alternative names, including pen names and nicknames. This article will only discuss the addition of surname lawsuits, abolition of surname lawsuits, and changing the family name under Kuwaiti law. Surname is the name that a person has in common with other family members, to read more click here. 

Interdiction and causes thereof under Kuwaiti law

INTERDICTION is one of the most important means adopted by the Islamic Sharia to protect a minor, Insane, maniac, or Spendthrift person to preserve the property they have, an adult may be mentally impaired or subjected to an exhibit that affects his or her distinction and perception and becomes incapable of managing and disposing of his or her property. The Kuwaiti Personal Status law, therefore, upholds the provisions of the tolerant Islamic Sharia and places it in legal form. Which in turn requires the necessity of INTERDICTION, i.e., preventing the interdicted from managing his money and appointing someone more capable than him to take care of his affairs to protect him and his children and to protect his money from loss. And in cases of INTERDICTION, we find that INTERDICTION, as it is in financial matters, is in non-financial matters, such as INTERDICTION of oneself by preventing contracts. To understand more about the practical implications of your interdiction case, you could consult an experienced family law lawyer in Kuwait. To read more click here.

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