Definition of the Personal Status Law in the Kingdom of Saudi Arabia:
The Personal Status Law in the Kingdom of Saudi Arabia is, in brief, a set of legal rules that regulate the relationship between individuals in terms of kinship, marriage, and what results from it in terms of affinity, birth, guardianship, custody, mutual rights and duties, and what may be affected by its dissolution, which results in rights to alimony, custody, inheritance, and wills.
Jurisdiction of the Personal Status Court in the Kingdom of Saudi Arabia:
It is competent to consider all disputes arising from the marriage contract, kinship, wills, endowments, inheritance, or guardianship over the person or money, and what arises from them, and the Penalties stipulated in the Guardianship System for Minors’ Money in accordance with Article Thirty-Three of the Sharia Procedures System and its Executive Regulations.
Personal Status Courts are competent to consider:
A- All personal status matters, including:
1- Proof of marriage, divorce, khul’, annulment of marriage, return, custody, alimony, and visitation.
2- Proof of endowment, will, lineage, absence, death and limitation of hair.
3- Inheritance and division of the estate including real estate if there is a dispute or a share of endowment, will or absentee.
4- Proof of the appointment of guardians and the establishment of guardians and supervisors, and permission for them to conduct actions that require the court’s permission, and their removal when necessary, and the placement of guardians on fools and lifting it from them.
5- Proof of the power of an attorney of a mute who does not know how to read or write.
6- Marriage of a woman who has no guardian, or whose guardians prevent her.
B- Lawsuits arising from personal status issues.
C- Lawsuits filed to impose the penalties stipulated in the system of the General Authority for Guardianship over the Property of Minors and Those in Their Care.
Types of Personal Status Lawsuits (Cases) in the Kingdom of Saudi Arabia:
1. General Classification:
These are lawsuits related to personal status issues, and related to documents, the gift of one of the spouses or heirs or the revocation thereof, proof of breastfeeding or marriage, the establishment of a judicial guardian, travel ban, request for compensation, lawyers’ or agents’ fees, and objection to the final deed.
Types of General Classification Lawsuits:
A. Establishing a judicial guardian: This is a lawsuit in disputes over a real estate or movable property in which there is a dispute or the right to it is not proven, and it is feared that if it remains in the hands of a possessor of it will be exposed to an urgent danger, so it is temporarily placed in the hands of a trustee who undertakes to preserve it, manage it, and return it with its collected yield to the person who proves the right to it, and the requests in it are: (Establishing a Judicial guardian in an estate – Establishing a judicial guardian in a waqf or will – Establishing a judicial guardian over a person who lacks legal capacity or is under interdiction).
– The real estate or movable property to be placed under judicial custody must be within the jurisdiction of the Personal Status Court, such as the appointment of a judicial custodian in an estate, endowment, will, or in the funds of an incompetent person.
– If a similar case is under consideration (related to the disputed funds or real estate), the request will not be accepted, as the plaintiff must submit a request for that case (judicial custody request) from the requests for cases on the electronic portal .
B. Compensation for litigation damages: It is a lawsuit filed to request material compensation for damages incurred by one of the parties to the dispute as a result of a previous lawsuit pending before the Personal Status Court.
– The compensation claim includes the claim for litigation fees incurred by one of the parties to the dispute against the other as a result of filing the original lawsuit.
C. Attorneys’ or agents’ fees: It is a lawsuit to claim attorneys’ or agents’ fees for the plaintiff in personal status cases, and the requests in it are: (Attorneys’ or agents’ fees in a case – Recovering the amounts paid to the attorney or agent).
– This classification includes the claim for attorney fees if he has taken over the pleading in a case, or judicial custody fees, or guardianship fees unless there is a previous enforceable judgment instrument.
D. Claim for documents: These are lawsuits filed against those who possess official or private documents; Such as documents of the wife, children, or incapacitated person, or estate documents, and the requests in them are: (Documents between spouses – Documents between relatives who are not heirs – Documents between heirs – Endowment or will documents).
– Includes the husband’s request to extract or deliver an official or documentary document to the wife or children, or vice versa.
– Includes the request of adult children for one of the parents to deliver or extract an official or documentary document.
– Includes the request between heirs to deliver everything related to the estate.
– The request is accepted if its content is to extract an identity for the adult Saudi son, so the lawsuit is filed by the adult son or his representative and is submitted with an exception to accept the lawsuit without an identity to the head of the court .
– The application will not be accepted if the request is for documents that can be obtained or extracted, such as a request to hand over the family record, as a Saudi woman can obtain a copy through the Civil Status Department even if she is married, and it is not required to bring a divorce certificate.
– The application will not be accepted if its content is to hand over a certificate of inheritance only without other documents, but an exception is made if the certificate was issued before the implementation of the Judicial Documents Regulations dated 01/26/1440 AH.
– The application will not be accepted if the marriage is in violation of the regulations of marriage of a Saudi to a non-Saudi woman and a Saudi woman to a non-Saudi, as it is necessary to correct the status of the marriage through the Competent authorities first, then submit the application.
H. Objection to a final certificate: It is a lawsuit to object to the certificates issued by the final departments after they have been proven by requesting their amendment or cancellation.
Examples of final certificates: Guardianship certificate, guardianship certificate for a mentally disabled minor, guardianship certificate for a minor, divorce certificate, heirs certificate.
– This classification does not include lawsuits filed to object to (lawsuit documents) such as custody, alimony and visitation.
– The request from the finalist in the final document to request cancellation or amendment is not accepted.
F. Travel ban: An urgent lawsuit to prevent one of the parties from traveling temporarily to avoid the effects or damages that may result from his travel to the other party. The plaintiff is given seven days from the date of filing the lawsuit to file the original lawsuit in dispute, and the request in it is: (Travel ban, personal status).
– This request is accepted if the dispute between the opponents falls within the jurisdiction of the Personal Status Court.
– If there is a case under consideration for the same parties, this request is not accepted, as the plaintiff must submit a counter-claim on that case from the requests on the cases on the electronic portal.
– It does not include a travel ban suit if submitted by the plaintiff and the content of the request is to prevent her husband from issuing a final exit visa for her or her children.
Z. Gift or revocation thereof: These are lawsuits filed against one of the spouses or their families or one of the heirs to request proof of the gift (present) or its return or cancellation, and the requests in them are: (proof of gift – revocation of gift – proof of gift to an heir – cancellation of gift to an heir).
– This classification does not include the claim to return a debt owed between the spouses, whether the claim is during or after the marriage, as these requests are outside the jurisdiction of the Personal Status.
– The jurisdiction of the Personal Status Court is established on the subject of the gift if it is between spouses or heirs only after the death of the testator, and other than that it is outside its jurisdiction.
– The application will not be accepted if the marriage is in violation of the regulations of marriage of a Saudi to a non-Saudi woman and a Saudi woman to a non-Saudi woman, as it is necessary to correct the status of the marriage through the competent authorities first, then submit the application.
H. Proof of testimony: It is a lawsuit from an interested party, even if it is possible, to prove a testimony that is feared to be lost, and it is likely to become a subject of dispute before the judiciary in the future against the opponent in disputes within the jurisdiction of the Personal Status Court, and the request in it is: (verification to prove a testimony that is feared to be lost).
2. Lawsuits “cases” of custody, visitation and alimony:
These are personal status lawsuits related to custody and handing over a minor to his custodian, alimony, housing, visitation, breastfeeding fees, and a nursing fee.
Types of lawsuits (cases) of custody, visitation and alimony:
A. Breastfeeding or Custody Fee: It is a lawsuit in disputes over breastfeeding or custody fees, and the requests in it are: (breastfeeding fee – custody fee – reduction of breastfeeding fee – reduction of custody fee – cancellation of breastfeeding fee – cancellation of custody fee – return of undeserved nursing fee – return of undeserved nursing fee).
– It is necessary to specify the period of breastfeeding/custody requested, and it is possible to combine past and future.
– The claim for breastfeeding/custody fee before birth is not accepted due to the lack of its cause.
– The request is not accepted if the marriage is in violation of the regulations of marriage of a Saudi to a non-Saudi woman and a Saudi woman to a non-Saudi, as it is necessary to correct the status of the marriage through the competent authorities first, then submit the request.
B. Handing over a minor to his custodian: It is a lawsuit filed to hand over a child who is not more than seven years old during or after the marriage, and the ruling in it is subject to immediate enforcement as it is one of the urgent lawsuits.
– A request to hand over a minor to his custodian is not accepted if it is filed by the father. The rule is that it should be filed by the mother only, except in exceptional cases such as if the child is in the father’s custody for a long period and the defendant takes the child by force.
C. Custody: It is a lawsuit filed to request the custody of minor children in age or mind in the event of a dispute over their custody, during or after the marriage, and the requests in it are: (a ruling granting the plaintiff custody of the minor – obligating the defendant to have custody of the minor).
– Any relative who has the right to custody may request it, and if the children are in the custody of someone other than the parents, the one who has the right to claim it may file a lawsuit against him.
– If the content of the request is to hand over a minor (under the age of seven) to his custodian urgently, it is necessary to amend the type of lawsuit to (hand over a minor to his custodian) so that the lawsuit is urgent.
– The request from the wife is accepted even if the wife has a custody documentation document as long as there is a dispute.
– The custody request filed by the father will not be accepted if the children whose custody is requested reside with him and the mother does not have a custody deed.
– The request from the wife will not be accepted if she acknowledges that there is no dispute over the custody of the children, and she may submit a request to document custody.
– The custody request from the mother over her children will not be accepted if their father is deceased, and she may submit a request to terminate it to prove guardianship over the minor.
– The request will not be accepted if the marriage is in violation of the regulations of marriage of a Saudi to a non-Saudi woman and a Saudi woman to a non-Saudi, as it is necessary to correct the status of the marriage through the competent authorities first, and then submit the request.
D. Minor visitation: It is a lawsuit filed to request seeing the children, during the marriage or after the separation of the parents, and the ruling in it is subject to immediate enforcement as it is an urgent lawsuit, and the requests in it are: (weekly visitation – monthly visitation – quarterly vacation visitation – summer rent visitation – Eid al-Fitr visitation – Eid al-Adha visitation).
– The lawsuit will not be accepted if the age of the minor who is requested to be seen exceeds 7 years.
E. Increasing, decreasing or canceling maintenance: It is a lawsuit in disputes over increasing, decreasing or canceling the alimony awarded, and the requests in it are: (Increasing maintenance – decreasing maintenance – canceling maintenance – returning undeserved maintenance).
– To be accepted, there must be a previous judicial ruling specifying the amount of maintenance, and the plaintiff’s request must be either to increase, decrease or cancel the previously awarded alimony.
F. Visiting children or others: It is a lawsuit in disputes over visiting minors in age or mind, whether submitted by one of the parents or others, and the requests in it are: (Enabling the plaintiff to visit the minor).
– This classification includes visiting children and relatives who are minors in age or mind.
– The request is not accepted if its content is a request for the husband to visit the wife.
– The request to visit children is not accepted if the marriage is in violation of the regulations of marriage of a Saudi to a non-Saudi woman and a Saudi woman to a non-Saudi, as it is necessary to correct the status of the marriage through the competent authorities first, then submit the request.
– This classification includes a request to visit a minor, or modify visitation times, or not allow the defendant to visit.
Z. Past maintenance: It is a lawsuit in disputes over past maintenance and housing rent, whether for the wife or children during the marriage or after separation, or for those who are required to support them from guardians or agents and others, and the requests in it are: (Past maintenance for the wife and children or one of them – Past housing rent for the wife and children or one of them).
– This classification includes the claim for divorce alimony, waiting period alimony, and pregnancy alimony.
– It is necessary to separate past and future alimony in two separate lawsuits.
– The minor child in custody (age or mind) is not added to the parties to the lawsuit, as his alimony is given to his custodian.
– When claiming past alimony, the plaintiff must be the provider or his heirs after his death.
– The alimony request submitted by the father against the children or their custodian is not accepted unless the request is to cancel or reduce a previous ruling, and the type of lawsuit must be changed to (increase, decrease, or cancel alimony).
– The request is not accepted if the marriage is in violation of the regulations of marriage of a Saudi to a non-Saudi woman and a Saudi woman to a non-Saudi, as it is necessary to correct the status of the marriage through the competent authorities first, then submit the request.
H. Continuous maintenance: It is a lawsuit in disputes over continuous maintenance and housing rent, whether for the wife or children during the marriage or after separation, or for those who are required to be supported by guardians, agents, and others, and the requests in it are: (continuous maintenance for the wife and children or one of them – continuous housing rent for the wife and children or one of them).
– This classification includes the claim for pregnancy maintenance.
– It is necessary to separate past and ongoing maintenance in two independent lawsuits.
– The minor child in custody (age or mind) is not added to the parties to the lawsuit, as his maintenance is given to his custodian.
– The maintenance request submitted by the father against the children or their custodian is not accepted unless the request is to cancel or reduce a previous ruling, and it is necessary to change the type of lawsuit to (increase, decrease, or cancel maintenance).
– A request for continuous maintenance is not accepted if it is filed by a married daughter against her father, as her maintenance is required by her husband.
– The claim for ongoing maintenance for the fetus before its birth is not accepted, and the pregnant woman may claim pregnancy maintenance.
– The request will not be accepted if the marriage is in violation of the regulations for the marriage of a Saudi man to a non-Saudi woman and a Saudi woman to a non-Saudi, as the marriage status must be corrected through the competent authorities first, then the request must be submitted.
3. Marriage and separation “cases” lawsuits:
These are lawsuits related to proving marriage, divorce, khul’, annulment of marriage, return, dowry, good living, separation between spouses, and marital furniture.
Types of marriage and separation lawsuits (cases):
A. Proof of review: This is a lawsuit filed by the wife or husband to prove the return after divorce.
– The claim for proof of review does not include a request (for the wife to return to the marital home).
– The request will not be accepted if the marriage is in violation of the regulations for the marriage of a Saudi man to a non-Saudi woman and a Saudi woman to a non-Saudi, as the marriage status must be corrected through the competent authorities first, then the request must be submitted.
– The lawsuit is filed in the event of a dispute between the two parties on the subject of proving the return, but if there is no dispute on the subject, a request for documentation of the return can be submitted.
B. Proof of divorce: It is a lawsuit filed by the wife against the husband to request proof of the divorce after it was issued by the husband.
– The request is not accepted if the divorce did not occur or was pronounced, and the type of lawsuit must be modified to one of the separation classifications (dissolution of marriage or khul’).
– The lawsuit is not accepted from the husband, as he can prove his divorce by submitting a request for documentation of divorce.
C. Proof of marriage: These are lawsuits filed by one of the spouses to prove a marriage that is not documented by an official authority.
– If one of the parties is Saudi and the other is not Saudi, the approval of the emirate is required first, then submitting a request for termination to prove the marriage.
– The lawsuit can be filed against the husband’s heirs after his death.
– The lawsuit is filed in the event of a dispute between the two parties on the subject of proving the marriage, but if there is no dispute on the subject, a request for termination to prove the marriage can be submitted.
D. Dowry: A claim for the dowry or part of it during the marriage (for the wife) or after separation, and the requests in it are: (payment of the dowry – return of the dowry).
– The claim includes the dowry or deferred payment or what was presented from the dowry if it was not collected, and what is included in it whether the claim was filed by the husband or the wife.
– The claim is not accepted if the marriage is in violation of the regulations of marriage of a Saudi to a non-Saudi woman and a Saudi woman to a non-Saudi, as it is necessary to correct the status of the marriage through the competent authorities first, then submit the request.
H. Marital furniture: A claim in disputes to claim marital furniture.
– The request is accepted if it is among the requests to claim marital documents, but if the claim is for marital documents only, it is necessary to change the type of claim to (claim for documents).
– The marital furniture claim does not include a request to recover debt from the husband or stolen goods, as these requests are outside the jurisdiction of personal status.
– The marital furniture lawsuit includes a claim for the value of the furniture in the event that the furniture was disposed of by the defendant, whether by selling it or destroying it.
– The application will not be accepted if the marriage is in violation of the regulations of marriage of a Saudi to a non-Saudi woman and a Saudi woman to a non-Saudi woman, as it is necessary to correct the status of the marriage through the competent authorities first, then submit the application.
F. Dissolution of a marriage contract: It is a lawsuit filed by one of the spouses against the other to dissolve the marriage contract due to a defect in the other, and the requests in it are: (Dissolution of a marriage contract – Dissolution of a marriage contract with compensation).
– The application will not be accepted if the husband divorced and did not return, as it is necessary to change the type of lawsuit to (Proof of Divorce) in this case.
– The application will not be accepted if it is submitted by the wife and includes a request to deliver the dowry or deferred payment, as it is necessary to change the type of lawsuit to (Dowry).
– The application will be accepted from the husband provided that he declares his desire to dissolve the marriage due to a legitimate excuse, but if his request is to recover the dowry or return the costs of the marriage only without requesting dissolution, it will not be accepted and it is necessary to change the type of lawsuit to (Dowry). If he expresses his desire to divorce his wife without any request, he shall direct the documentation services to document the divorce.
4. Guardianship “cases” lawsuits:
It is the lawsuit filed against the guardian or someone related to him to request a legitimate right such as marriage and proof of lineage, or to preserve money such as guardianship and holding the guardian accountable, or to nullify its justification such as lifting guardianship and denying lineage.
Types of guardianship lawsuits (cases):
A. Proof of lineage or denial of lineage: It is the lawsuit filed by the plaintiff against one of his relatives to prove his lineage, or against someone whose lineage has been attributed to him to request his denial; due to the nullification of its justification.
– The lawsuit to prove/deny paternity filed by the wife against a husband or former husband to prove the paternity of the children, or vice versa.
– The lawsuit to prove paternity filed by the children against one of the parents or relatives.
– The application will not be accepted if the marriage is in violation of the regulations of marriage of a Saudi to a non-Saudi woman and a Saudi woman to a non-Saudi, as it is necessary to correct the status of the marriage through the competent authorities first, then submit the application.
B. Interdiction or lifting it: is the lawsuit filed by someone who has an interest against someone who is foolish or insane, requesting to prevent him from financial transactions, or the request of the interdiction person to lift that due to the lack of justification.
C. Dismissal of a guardian: is the lawsuit filed against the guardian of a minor in age or mind to remove him from guardianship for a legal justification.
– The lawsuit is submitted to request the removal of the guardian from the General Authority for Guardianship of the Funds of Minors and Those in Their Care, except if the General Authority for Guardianship of the Funds of Minors and Those in Their Care is the guardian of the minor, in which case the lawsuit is submitted by someone who has the capacity to request its removal.
D. Obstruction: It is a lawsuit filed by a woman – or someone with an interest – against her guardian who refused to marry her to her equal, requesting proof of obstruction and transfer of the guardianship of marriage, and the request in it is: (Proof of obstruction and transfer of the guardianship of marriage).
– The request for an obstruction lawsuit is accepted if it is filed by the woman, or someone with an interest in the lawsuit such as her mother or siblings, even in the absence of a suitor, based on the judicial circular issued by the Supreme Judicial Council No. 1410/T and dated 04/21/1441 AH regarding the rules of the obstruction lawsuit.
– The request is accepted if the lawsuit is filed by more than one woman if there is one guardian.
H. Guardian Accountability: It is the lawsuit filed against the guardian of a minor in age or mind regarding the actions he took towards the ward or his money, and demanding the fulfillment of the right from him, and the request in it is: ( Disclosure of the guardian – Establishment of an accountant against the guardian – Recovery from the guardian – Guardian Accountability).
– This classification includes lawsuits to hold the guardian accountable for the minor in terms of age or mind regarding the actions he has taken under the guardianship instrument.
– The request to hold the guardian accountable for the minor in terms of age or mind is accepted if the request for accountability is financial, but if the request is to impose a penalty on the defendant, such as a request to hold the guardian accountable for a crime he committed against his children, then the lawsuit is criminal and falls outside the jurisdiction of the Personal Status Court.
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This is a brief overview of personal lawsuits or cases in the Kingdom of Saudi Arabia. If you want legal advice in personal status cases or to appoint a lawyer specialized in personal status cases in the Kingdom of Saudi Arabia, Thiqa Law Firm and Legal Consultations has lawyers specialized in personal status cases.
You can contact us as we are lawyers accredited by the Saudi Ministry of Justice and the Saudi Bar Association.
From within the Kingdom: 0112048444
From outside the Kingdom: 00966112048444
Email: info@thiqahlawfirm.com
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