Kuwait: Amendments to Documentation and Civil Law to Enhance Family Stability and Simplify Procedures

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As part of the legislative amendments aimed at developing government services and enhancing family stability, the Kuwaiti Cabinet, chaired by Sheikh Ahmad Al-Abdullah, approved two draft decrees in the form of laws. According to the Cabinet statement, the amendment to the documentation law aims to simplify procedures, develop electronic linkage between the relevant authorities, and enhance the system of official records and documents, while preserving existing legal statuses.

The amendment also organizes and develops the documentation procedures at the Documentation Department of the Ministry of Justice through two main pathways; the first is the cancellation of the government notary's authority to document corporate documents, transferring it to the unit responsible for the commercial register at the Ministry of Commerce and Industry, along with organizing coordination mechanisms and record exchange between the two entities.

The second pathway relates to documenting personal status matters, including marriage and divorce between spouses of various types and reconciliation, in addition to pre-marital counseling and attempts at reconciliation before divorce, along with organizing remote electronic documentation procedures.

The Cabinet affirmed that the draft decree law enhances the protection of family rights by mandating the documentation of marriage and divorce events between spouses and reconciliation, linking it to pre-marital counseling and attempts at reconciliation, in addition to keeping pace with technological advancements by approving remote electronic documentation and linking judicial records.

According to the project, a marriage contract cannot be documented before both parties complete the marriage preparation program, and the Minister of Justice will issue a decision specifying the program's curriculum, duration, requirements for completion, and the responsible entity for its implementation.

In contrast, the draft decree-law amending Article 830 of the Civil Code includes the addition of two new clauses, and the scope of the amendment is limited to residential property owned in common, excluding other common assets.

The amendment grants the court the authority to order the continuation of the common ownership for a specified period, protecting the partner who has no shelter other than the property in dispute, and allows the other partners to acquire the share of the partitioning applicant at its fair value, as an alternative to selling the property at public auction if its division in kind is not possible.

The Cabinet explained that the amendment balances the partner's right to exit the state of common ownership and obtain the fair value of their share, against the interest of the other partners in retaining their residential property, while providing protection for the partner who has no other shelter.

The project makes the continuation of common ownership a temporary exception linked to the continuation of its conditions, with the possibility of ending it when those conditions cease, and allows for ownership as an alternative to auction under regulations that ensure the seriousness of the request and prevent prolonging the dispute, while preserving stable legal positions and not affecting what has been ruled in the auction's outcome.

In this regard, Minister of Justice Counselor Nasser Al-Sumait stated that amending the notarization law represents a step to enhance family stability and protect the rights of its members, in addition to developing notarization services and facilitating their procedures, in line with the high directives of His Highness the Amir of the country Sheikh Mishal Al-Ahmad to develop legislation and elevate government services.

Al-Sumait indicated that the amendment requires those intending to marry to complete a qualification program before notarizing the contract, aimed at enhancing awareness of the rights and duties of both spouses and the responsibilities of married life. The curriculum, duration, and the entity responsible for its implementation will be determined by a decision from the Minister of Justice, while the executive regulations will specify cases of exemption from it.

He added that the amendment requires, before notarizing divorce or khula, to resort to the Family Dispute Resolution Center to provide an opportunity for reconciliation, with the stipulated period expiring without reaching an agreement, except for final judicial rulings and personal status cases where reconciliation is not permissible.

He affirmed that this step aims to give the family a serious opportunity to address disputes and maintain its cohesion before completing separation procedures.

Regarding digital transformation, Al-Sumait explained that the amendment allows notarization to be conducted through an automated electronic system or via visual communication, using the means approved by the Ministry of Justice, in addition to personal attendance.

It also allows for the electronic documentation of personal status matters remotely, according to regulations that ensure the safety of procedures and the verification of the identity and will of the parties, while specifying the cases that require personal attendance.

He pointed out that the amendment abolished the mandatory documentation of company documents at the Ministry of Justice, including their incorporation contracts, amendments, dissolution, and exit, with the specialized unit at the Ministry of Commerce and Industry responsible for approving these documents.

He explained that the step aims to facilitate company transactions, shorten procedures, and prevent duplication between agencies, while organizing the mechanisms for 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 from the Ministers of Justice and Commerce and Industry, while maintaining the validity of previously documented documents and their full legal effect.

He noted that the project stipulates that the amendment will come into effect six months after its publication, allowing for the completion of the necessary regulatory and technical requirements, emphasizing that the development of the documentation system combines service facilitation and rights protection, reflecting the ministry's direction towards legislation that responds to community needs and keeps pace with digital transformation.

Regarding amendments to the civil law, Al-Sumait clarified that they affect Article 830, in implementation of the directives of the Emir of the country, Sheikh Mishal Al-Ahmad, and reflect a commitment to protecting family and housing stability and safeguarding the financial rights of partners in real estate.

The amendment addresses the social effects that may arise from the division of residential properties and their sale at public auction, especially when the property is the family home and the only shelter for a parent or one of the children, and the partner's funds are insufficient to purchase a suitable alternative residence.

According to Al-Sumait, the amendment grants the court, upon the request of one of the partners, the authority to order the continuation of co-ownership for a specified period, whenever it is proven that the property represents their only residence and that their funds are insufficient to purchase a suitable alternative residential property, taking into account their family, social, and financial circumstances and granting them the necessary time to arrange their situation.

He pointed out that this protection is temporary and linked to the continuation of its reasons, and any of the partners may request its termination whenever it is proven that either of the two conditions has ceased to exist, achieving a balance between the partner's need for housing and the rights of the other partners.

The amendment also allows partners, during the consideration of the division lawsuit, to request ownership of the share of the partner requesting the division in exchange for a value determined by an expert appointed by the court, ensuring that they receive fair compensation for their share, and allowing the remaining partners to retain the residential property instead of putting it up for public auction.

The project established controls for depositing the value of the share in the court's treasury within the specified period, and addressed cases of multiple ownership requests and failure to deposit, aiming to ensure the seriousness of the requests and the swift resolution of procedures.

Al-Sumait concluded by emphasizing that the value of the family home is not limited to its material price, as it is the place where the children grew up, the family gathered, and where memories are tied. He pointed out the importance of providing legal solutions that take this value into account while also preserving the rights of all partners.