Divorce in the Hashemite Kingdom of Jordan for Expats

What family laws apply to Muslims and Christians in Jordan?

Jordan uses a dual system: Muslims follow Sharia law in Sharia Courts, while recognized Christian denominations have their own Ecclesiastical Courts for marriage and related family matters. The applicable law usually follows the religion and sometimes the nationality of the spouses, but public order and Islamic rules set clear limits.

1. Main legal sources for family law in Jordan

• Jordanian Personal Status Law No. 15 of 2019 (and amendments) - applies in Sharia Courts to Muslims and, in some issues, to non-Muslims when Sharia Courts have jurisdiction.
• Sharia Courts Law No. 19 of 1972 - organizes Sharia Courts, their jurisdiction, and procedure.
• Civil Code of Jordan (Law No. 43 of 1976) - contains conflict-of-law rules that decide when foreign law applies to personal status matters.
• Ecclesiastical/Church personal status laws - each recognized Christian denomination (Greek Orthodox, Latin Catholic, Anglican, Armenian, etc.) has its own personal status regulations and courts, approved by the Jordanian state.

2. Muslims in Jordan

• All matters of marriage, divorce, alimony, custody, guardianship, lineage, and inheritance for Muslims go to the Sharia Courts.
• The court applies the Jordanian Personal Status Law, which is based on Hanafi Islamic jurisprudence with modern amendments.
• Foreign Muslims living in Jordan will usually also have their family disputes heard in Sharia Courts, but the court may apply their national law if proven and not against public order.

3. Christians in Jordan

• When both spouses are Christians of the same recognized denomination, the Ecclesiastical Court of that church usually has jurisdiction for:
  • Marriage and registration
  • Separation and divorce/annulment (if allowed by that church)
  • Alimony in some denominations
  • Custody and visitation
• Certain issues for Christians, such as inheritance or guardianship of property for minors, may still fall under Sharia Courts or civil courts depending on the exact case.
• If spouses are Christians but of different churches, the question of which Ecclesiastical Court or law applies becomes more complex and often requires legal advice.

4. Mixed marriages (Muslim - Christian or different religions)

• If one spouse is Muslim, Sharia Courts almost always have jurisdiction over marriage validity, divorce, custody, and alimony.
• A Christian woman may marry a Muslim man; a Muslim woman generally cannot marry a non-Muslim man under Jordanian Sharia-based law.
• Ecclesiastical Courts will usually not have jurisdiction if one spouse is Muslim, even if the other is Christian.

Which court has jurisdiction over my family case in Jordan?

The court with jurisdiction is decided by religion, sometimes nationality, and where the parties live or where the marriage was registered. In most cases, Muslims go to Sharia Courts, Christians of the same church go to their Ecclesiastical Court, and mixed or cross-border cases may end up in Sharia or civil courts depending on the issue.

1. Basic jurisdiction rules

• Muslim - Muslim couple: Sharia Court has jurisdiction for marriage, divorce, alimony, custody, inheritance.
• Christian - Christian (same church): Ecclesiastical Court of that church has jurisdiction for their personal status matters, subject to state approval.
• Muslim - Christian couple: Sharia Court usually has jurisdiction over marriage, divorce, custody, and related matters.
• Foreigner - Jordanian couple: Jordanian courts have jurisdiction if:
  • Marriage occurred in Jordan, or
  • At least one spouse is Jordanian and resides in Jordan, or
  • The dispute concerns property or children in Jordan.

2. Sharia Courts in practice

Sharia Courts exist in all governorates, with the Sharia Court of Amman being the most active for expatriates. They handle:

• Marriage and divorce registration
• Claims for alimony and child support
• Custody and visitation disputes
• Travel bans and permissions for minors
• Inheritance and estate distribution for Muslims

3. Ecclesiastical Courts in practice

Each recognized Christian denomination has its own hierarchy of Ecclesiastical Courts, usually located in Amman and major cities. These courts handle internal church family law, but their decisions must be enforceable under Jordanian law and public order.

• Common examples:
  • Greek Orthodox Ecclesiastical Court
  • Latin (Catholic) Ecclesiastical Court
  • Anglican Episcopal Court
  • Armenian Orthodox Ecclesiastical Court
• These courts issue decisions that the Jordanian civil and Sharia systems recognize once formally registered and executed through the Ministry of Justice.

4. Special issues for expatriates

• If both spouses are foreign Christians living in Jordan, their own church's Ecclesiastical Court in Jordan may still have jurisdiction.
• If both spouses are foreign Muslims, Sharia Courts in Jordan will usually hear the case. The court might apply the law of their nationality if:
  • That law is properly translated and presented; and
  • It does not violate Jordanian public order or Islamic basic principles.
• If the couple is foreign and married abroad but now living in Jordan, jurisdiction can be shared between Jordan and the state of nationality. Strategic decisions may be needed about where to file first.

How are marriages (including those concluded abroad) recognized in Jordan?

Marriages concluded abroad are usually recognized in Jordan if they were valid where they were celebrated and do not conflict with Jordanian public order. You must properly register the foreign marriage with Jordanian authorities for it to be fully effective in Jordan.

1. Recognition of foreign marriages

• The general principle of the Civil Code: a marriage is valid in Jordan if:
  • It complied with the law of the place where it was concluded, and
  • It does not contradict Jordanian public order (for example, polygamy rules, minimum age, prohibited degrees of kinship).
• Jordan recognizes:
  • Civil marriages conducted abroad (for example, Cyprus, Georgia) between non-Muslims
  • Religious marriages conducted abroad under a recognized church or Islamic authority

2. Registration steps for a foreign marriage

1. Obtain an official marriage certificate from the foreign country (long-form if possible).
2. Legalize or apostille the certificate according to the foreign state's rules.
3. Authenticate the document at the Jordanian embassy or consulate abroad, or at the foreign embassy in Amman and the Jordanian Ministry of Foreign Affairs.
4. Translate the certificate into Arabic by a certified translator in Jordan.
5. Register the marriage at:
   • The Civil Status and Passports Department (CSPD), and
   • Where relevant, the Sharia Court or the relevant Ecclesiastical Court.

3. Which law applies if you married abroad?

• For Muslim couples, the Sharia Court will:
  • Recognize a valid foreign religious or civil marriage; and
  • Apply the Jordanian Personal Status Law to divorce, alimony, and custody, unless strong reasons exist to apply the foreign law.
• For Christian couples, their church law will usually apply, but:
  • If the marriage was civil only, the court looks at the law of the country where it was celebrated and the spouses' national law.
  • If the church does not recognize divorce, strategic use of Jordanian conflict-of-law rules may allow recourse to a civil or foreign law that allows separation.
• For mixed nationality couples, the court examines:
  • Religion of both spouses
  • Nationality of both spouses
  • Where they live and where assets and children are located

4. Applying foreign law in Jordanian courts

Jordanian courts can apply foreign law, but they do not automatically know or search for that law. It must be proven by the party who relies on it.

• You usually need to:
  • Submit the relevant foreign legislation, with certified Arabic translations
  • Sometimes provide an expert legal opinion from a lawyer or official body in that foreign country
• If the foreign law is not proven or is considered contrary to Jordanian public order (for example, same-sex marriage or rules that completely remove maintenance), the court will default to Jordanian law.

How does divorce work in Jordan for Jordanians and expatriates?

Divorce in Jordan is handled either by Sharia Courts for Muslims or by Ecclesiastical Courts for most Christians, with procedures and grounds depending on religion and sometimes nationality. Expatriates can file in Jordan if there is enough connection to the country, and the outcome may differ from what they would expect in their home jurisdiction.

1. Muslim divorces in Sharia Court

• Husband's unilateral divorce (talaq):
  • The husband can pronounce divorce and register it at the Sharia Court.
  • The court will notify the wife and open files about alimony, housing, and children's rights.
• Judicial divorce requested by the wife:
  • Grounds include harm, non-payment of maintenance, absence, imprisonment, impotence, or serious conflict.
  • The court may grant divorce and decide financial rights like deferred dowry and post-divorce maintenance (muta).
• Khul' (no-fault divorce by consent):
  • The wife asks for divorce and typically returns her dowry or other agreed compensation.
  • Khul' requires court approval and often the husband's consent.

2. Christian separations and annulments

• Each church has its own rules:
  • Some allow divorce on limited grounds (adultery, abandonment, change of religion).
  • Others focus on annulment, declaring the marriage invalid from the start for specific canonical reasons.
• The process usually involves:
  • Filing a petition with the Ecclesiastical Court
  • Evidence, witness testimony, and sometimes counseling
  • A judgment that must then be enforced through Jordanian authorities

3. Expats and cross-border divorces

• You might have a choice between:
  • Filing in Jordan; or
  • Filing in your home country and then seeking recognition of the foreign judgment in Jordan.
• Jordanian courts may recognize foreign divorce judgments if:
  • The foreign court had jurisdiction
  • Due process was respected (proper notice, opportunity to defend)
  • The result does not violate Jordanian public order
• For expatriates, the most sensitive issues are usually:
  • Whether Jordan will accept a no-fault civil divorce granted abroad
  • Interaction between foreign financial orders and Jordanian rules on alimony and property
  • Custody and travel restrictions on children living in Jordan

4. Timelines and costs (approximate)

Timelines and costs vary by complexity, court, and whether the case is contested.

How is alimony and financial support calculated for foreigners in Jordan?

Alimony and child support for foreigners in Jordan are calculated under Jordanian rules, usually in Jordanian dinars, based on the payer's income and local living costs. Non-Jordanians can both claim and be ordered to pay maintenance, and courts can enforce these orders against assets and income in Jordan.

1. Types of financial rights in Sharia Courts

• Spousal maintenance (nafaqah) during marriage: covers housing, food, clothing, medical care, and basic needs.
• Post-divorce maintenance (muta and waiting-period nafqah): limited-period payments to the ex-wife after divorce, plus some compensation depending on the circumstances and length of marriage.
• Child support: covers food, schooling, healthcare, clothing, and sometimes rent if the children live with the mother.
• Dower (mahr): immediate and deferred dowry amounts recorded in the marriage contract, which can be substantial and are legally enforceable.

2. How courts estimate amounts

Jordanian courts do not use a simple percentage formula. Judges look at several factors.

• Payer's income and lifestyle: salary statements, contracts, bank statements, business profits.
• Local cost of living: typical rental rates, school fees, medical insurance costs in the area where the family lives.
• Standard of living during the marriage: the court tries to keep children at a similar standard, within realistic limits.
• Number and ages of children.

3. Example ranges in Amman (purely indicative)

Actual amounts depend heavily on income and evidence, but for orientation only:

4. Foreigners paying or receiving alimony

• A foreign spouse living in Jordan can claim alimony and child support through Sharia or Ecclesiastical Courts, even without Jordanian nationality.
• If the paying spouse is foreign:
  • The order is still in JOD, but the court considers his or her foreign salary and benefits if proven.
  • The court may seek salary deductions from a Jordan-based employer or attachment of assets in Jordan.
• If the paying spouse leaves Jordan:
  • Enforcement abroad may require separate proceedings in the new country.
  • Existing international agreements or reciprocity can help but are not automatic; a lawyer must evaluate this.

5. Financial settlements for non-Jordanians married abroad

• If your marriage contract abroad included specific financial terms (for example, prenuptial agreements):
  • Jordanian courts may respect them if they do not conflict with public order and are properly translated and submitted.
  • If the contract conflicts with clear Sharia rules (for example, waiving all future maintenance irrespective of circumstances), the court may partly or fully ignore it.
• Foreign divorce orders on property division or spousal support can be recognized in Jordan, but the process is technical and may require:
  • Filing a recognition/enforcement case
  • Translation and legalization of the foreign judgment

How do child custody and travel bans work in Jordan?

Jordanian courts prioritize the child's welfare, but apply specific rules about which parent has physical custody and who has guardianship. Courts can impose or lift travel bans to prevent abduction, which is especially important for expat families.

1. Custody vs guardianship

• Custody (hadana): daily care and residence of the child, usually with the mother in early years.
• Guardianship (wilaya): legal authority over the child's decisions, education, travel, and finances, usually with the father under Sharia law.
• For many Christian communities, similar concepts exist, but details depend on each church's rules and state-approved practice.

2. Age rules and flexibility

• Under the Personal Status Law, the mother usually has priority for custody of young children, often up to:
  • 15 years for boys and girls, subject to recent legal amendments and court discretion.
• After that age, the child may choose or the court will decide based on best interests.
• The court can change custody if:
  • The custodial parent remarries in circumstances affecting the child
  • The environment becomes harmful

3. Travel and relocation issues for expat parents

• A custodial mother (Jordanian or foreign) usually cannot take the child out of Jordan for long periods without:
  • The guardian father's consent; or
  • A court order.
• Fathers can request a travel ban on the child through the Sharia Court or relevant authority to prevent removal from Jordan.
• Foreign custody orders (for example from UK, US, EU) are not automatically enforceable in Jordan; the court will reconsider custody under Jordanian standards, although it may consider those orders as evidence.

4. Practical tips for expat parents

• Before traveling with children, always:
  • Check whether any travel bans are in place
  • Obtain written, notarized consent from the other parent where possible
  • Consult a lawyer if a dispute is likely
• If you fear child abduction:
  • Seek a travel ban from the competent court immediately
  • Notify border authorities through your lawyer

When should you hire a lawyer or expert for a family matter in Jordan?

You should hire a lawyer or legal expert in Jordan as soon as your case involves cross-border issues, foreign law, or a risk to your financial or parental rights. The cost of early advice is usually far lower than the cost of correcting mistakes later.

1. Situations where a lawyer is strongly recommended

• Mixed religion or mixed nationality marriage: to determine whether Sharia or Ecclesiastical Court has jurisdiction and which law will apply.
• Marriage or divorce abroad: to register the foreign documents correctly and plan recognition or enforcement in Jordan.
• Significant assets or high income: to structure claims for alimony, child support, and property rights, and to understand tax or enforcement consequences.
• Disputed custody or potential relocation: to navigate travel bans, visitation schedules, and how foreign orders will be treated in Jordan.
• When foreign law might apply: to collect, translate, and present foreign legislation and expert opinions effectively.

2. Types of experts who can help

• Jordanian family lawyers (Sharia or Ecclesiastical specialists): handle court filings, negotiations, and representation.
• Conflict-of-laws / international family law specialists: advise on where to file first and how different countries' decisions interact.
• Translators and document specialists: ensure your foreign certificates, judgments, and statutes are correctly translated and legalized.
• Financial and tax advisers: useful where there are cross-border assets or business interests.

3. What to prepare before meeting a lawyer

• Marriage certificate (Jordanian or foreign) and any registration documents.
• Passports, residency permits, and proof of religion/denomination if relevant.
• Children's birth certificates and school or medical documents.
• Any foreign court orders or agreements (divorce, custody, financial) with translations if available.
• Evidence of income and assets (salary slips, contracts, property deeds, bank statements).

What are the practical next steps if you have a family law issue in Jordan?

Your next steps are to clarify which court and law apply to your situation, secure your children's and finances' immediate safety, and then plan a strategy with a qualified lawyer. Acting early and in an organized way will usually give you more options and better outcomes.

1. Clarify your legal position

1. Identify everyone's religion and denomination: This decides Sharia vs Ecclesiastical Court for most issues.
2. List all nationalities and places of residence: This affects jurisdiction and whether foreign law could apply.
3. Gather all documents: marriage and birth certificates, passports, residency cards, contracts, and any foreign judgments.

2. Protect children and urgent interests

1. If you fear removal of children from Jordan, ask a lawyer about immediate travel bans or protective orders.
2. Secure access to essential documents and some funds, especially if you depend on your spouse financially.
3. Keep interactions with the other parent factual and respectful, as messages and emails often end up as court evidence.

3. Decide where and how to file

1. With your lawyer, assess whether to:
   • File first in Jordan; or
   • File in your home country and then seek recognition in Jordan.
2. Plan the sequence of cases: for example, first secure child custody and travel bans, then pursue financial claims.
3. Estimate budget and timeline, including translation and legalization costs for foreign documents.

4. Stay informed and realistic

• Understand that Jordanian courts will not simply copy foreign law or foreign court practices; they follow Jordanian statutes and public order first.
• Be realistic about:
  • What alimony and child support amounts are likely
  • How much travel with children is possible
  • The time cases can take in practice
• Ask your lawyer for written summaries of the strategy and key steps so you can refer back and stay organized.