Saudi Arabia: How to File for Divorce - Step-by-Step

What is the legal framework for family law in Saudi Arabia?

Family law in Saudi Arabia is primarily governed by the Personal Status Law issued in 2022, which codifies many Sharia-based rules on marriage, divorce, custody, and inheritance. Cases are heard in specialized Personal Status Courts, often using the Ministry of Justice's Najiz online system for filing and documentation.

Here is how the framework fits together in practice:

• Main statute: Personal Status Law (Royal Decree No. M/73 of 06/08/1443H) - regulates marriage, divorce, custody, maintenance, and inheritance.
• Supporting laws:
  • Civil Status Law - birth, marriage, and divorce registration.
  • Enforcement Law - enforcement of maintenance, custody, and financial judgments.
  • Law of Protection from Abuse - domestic violence protection and emergency measures.
• Court structure:
  • Personal Status Courts in major cities.
  • General Courts in smaller areas handling personal status matters where no specialized court exists.
  • Enforcement Courts for implementing judgments (e.g., maintenance, housing, surrender of children).
• Key authorities and platforms:
  • Ministry of Justice (MoJ) - oversees courts, Najiz portal, e-marriage contracts, divorce documentation.
  • Najiz.sa - online filing of family cases, marriage contract services, enforcement requests, and documentation of divorces.
  • Ministry of Human Resources and Social Development - domestic abuse reporting (hotline 1919) and shelters.
  • Civil Status Department - issues and updates family registry (daftar al-usra), marriage, and divorce certificates.
• Who is covered:
  • Saudi nationals and Muslim residents are usually subject to Saudi Personal Status Law.
  • Non-Muslim expatriates may, in some circumstances, have their personal law or foreign law considered, especially if both spouses are non-Saudi and request it, but Saudi law and public policy always dominate.

How is a marriage legally formed and registered in Saudi Arabia?

A marriage in Saudi Arabia is legally formed by a Sharia-compliant contract (nikah) with proper offer and acceptance, presence of a guardian (wali) for the bride in most cases, two Muslim witnesses, and agreement on mahr. It becomes fully enforceable and recognized when documented by an authorized marriage officiant and registered in the Ministry of Justice and Civil Status systems.

Core legal requirements for a valid marriage

• Parties: A man and a woman who are legally eligible to marry, not in prohibited degrees of kinship and not already in a conflicting marriage (e.g., a man cannot marry a fifth wife).
• Guardian (wali):
  • For Muslim Saudi women, a wali (usually father, then closest male relative) typically must consent.
  • The court can act as wali if the guardian unreasonably refuses a suitable match.
• Witnesses: Two adult, sane Muslim witnesses must be present at the contract.
• Mahr (dowry): Must be specified (or at least agreed in principle) and is the wife's exclusive right.
• No legal impediments: No existing marriage that conflicts with Sharia, no prohibited kinship, and compliance with age and health requirements.

Documentation and registration steps

1. Agreeing the terms:
   • Spouses and guardians agree on mahr (prompt and deferred) and any special conditions (e.g., wife may work, study, stay in her city, not be moved without consent).
2. Booking a marriage officiant:
   • Use the Najiz e-marriage service to book an authorized marriage officer (ma'zoun) or judge, especially in urban areas.
3. Signing the electronic marriage contract:
   • Officiant verifies identities, wali, witnesses, and records terms.
   • Parties sign electronically (or physically in some cases); data enters MoJ system.
4. Registration with Civil Status:
   • Marriage contract details are transferred to the Civil Status Department.
   • The wife joins the husband's family registry (for Saudis) or records are updated for residents.

Marrying a non-Saudi or marrying abroad

• Saudi marrying a foreigner:
  • Requires prior governmental permission (from the competent governorate/Ministry of Interior) for many categories.
  • Additional documentation: passport, iqama, background checks, age and income requirements may apply.
• Marriage abroad:
  • Must comply with local foreign law and Sharia to be recognized in Saudi Arabia.
  • Needs legalization/attestation at Saudi Embassy and later registration with Saudi authorities.
• Unregistered (urfi) marriages:
  • May be religiously valid but create major legal problems: difficulty proving marriage, claiming mahr, establishing children's filiation, and accessing courts.
  • Always insist on proper documentation and registration.

What are a spouse's main financial rights and obligations in Saudi Arabia?

In Saudi Arabia, the husband is generally obligated to provide maintenance (nafaqa), including housing, food, clothing, healthcare, and necessary services, while the wife has the right to mahr and to keep her own property and income separate. Many financial aspects can be clarified and strengthened through detailed conditions in the marriage contract.

Key financial concepts

• Mahr (dowry):
  • Prompt mahr: Payable at or shortly after marriage; the wife owns it outright.
  • Deferred mahr: Payable on divorce or death (or as agreed).
  • Amounts vary widely by region and family; there is no statutory minimum or maximum.
• Maintenance (nafaqa):
  • Includes reasonable housing, food, clothing, medical care, and day-to-day needs, according to the husband's means and local custom.
  • Obligation starts when the wife makes herself available to the husband under a valid marriage and continues during the marriage and, to some extent, during iddah after divorce.
• Housing:
  • The husband must provide appropriate marital housing where the wife can live safely and with privacy.
  • After divorce, housing for the mother with custody and children may be ordered, or an allowance in lieu.
• Separate property:
  • Each spouse retains separate ownership of assets in their name; there is no community property regime by default.
  • The wife keeps her salary, business profits, and inherited property unless she voluntarily contributes.

Modifying or protecting financial rights

• Marriage contract conditions:
  • Spouses can agree on specific financial terms: additional mahr, periodic allowance, housing arrangements, or compensation if certain events occur (e.g., second marriage).
  • Conditions must not contradict core Sharia principles; otherwise, they may be voided by the court.
• Evidence and documentation:
  • Keep records of transfers, purchases, and contributions to property to support future claims.
  • For business-owning spouses, separate accounts and contracts reduce disputes.

Common financial disputes

• Non-payment of maintenance: Wife may file a claim through Najiz for nafaqa and arrears; the court can order monthly payments and refer to Enforcement Court.
• Disputed mahr: Courts rely on the contract; if unclear, they may look at local custom and evidence.
• Post-divorce support: Includes maintenance during iddah and child support; ongoing alimony to the ex-wife beyond iddah is limited and depends on circumstances.

How does divorce work in Saudi Arabia (talaq, khul, and judicial divorce)?

Divorce in Saudi Arabia can occur by unilateral talaq pronounced by the husband, by khul where the wife seeks divorce in exchange for returning mahr or another financial concession, or by judicial divorce granted by the court for specific grounds such as harm, non-support, or absence. All divorces must be documented through the Ministry of Justice (often via Najiz) to have legal effect for documents, custody, and financial rights.

Main types of divorce

• Talaq (husband-initiated divorce):
  • Husband pronounces divorce and records it with the court or via Najiz; courts now require documentation rather than informal verbal pronouncements.
  • Generally revocable during the iddah (waiting period) for the first and second talaq, unless specified as final.
• Khul (wife-initiated with compensation):
  • Wife requests divorce and offers to return mahr or another agreed amount; court approves if conditions are met.
  • Often faster than litigating fault-based grounds, but can be financially costly for the wife.
• Judicial divorce (tafriq/faskh):
  • Wife (or sometimes husband) seeks divorce based on grounds like harm, abuse, non-payment of maintenance, absence, imprisonment, serious disease, or deception.
  • Requires evidence and a court judgment; financial consequences depend on fault and harm proven.

Typical divorce process

1. Filing the case or documentation request:
   • Use Najiz to initiate a "documentation of divorce" (for talaq) or file a family case (for khul or judicial divorce).
   • Attach the marriage contract, ID documents, and any evidence of harm or non-support if applicable.
2. Attempted reconciliation:
   • Court may refer the parties to reconciliation or mediation, particularly when children are involved.
3. Hearing and evidence:
   • For khul: focus is on consent and agreed compensation.
   • For judicial divorce: court hears testimony, reviews documents, and may call witnesses or experts (e.g., in abuse cases).
4. Judgment and documentation:
   • Court issues divorce judgment or records talaq; MoJ updates electronic records.
   • Civil Status Department updates family registry and issues a divorce certificate.
5. Iddah (waiting period):
   • Typically three menstrual cycles or three months for non-menstruating women; different rules apply for pregnant women.
   • Husband must provide maintenance during iddah, except in some khul cases where parties agreed otherwise.

Financial and custody consequences at divorce

• Mahr:
  • In talaq without fault of the wife, she generally keeps what she already received and can claim deferred mahr.
  • In khul, she usually returns mahr or part of it, depending on agreement and judicial discretion.
• Maintenance and housing:
  • Husband must pay maintenance during iddah.
  • Child support and housing for custodial parent may be ordered as separate obligations.
• Custody and visitation:
  • Custody is not automatically determined by divorce and may require a separate case; however, in practice, mothers often retain custody of young children.
  • Courts increasingly structure visitation schedules and may restrict relocation without permission.

How are child custody and visitation decided in Saudi Arabia?

Saudi courts generally award physical custody of young children to the mother, while legal guardianship and financial responsibility remain with the father, but the overriding test in law is the child's best interest. As children grow older, their preference and stability become more important, and courts design visitation and sometimes shared arrangements accordingly.

Custody (hadana) basics

• Mother's priority for young children:
  • Mothers usually receive custody of children of tender age, especially daughters and younger sons, unless unfit.
  • Recent practice allows mothers to obtain custody orders relatively quickly, especially when there is no opposition.
• Father's role:
  • Father typically remains the legal guardian (in charge of official decisions like passports, schools, and consent for certain procedures), though the law is evolving toward considering the child's best interest more broadly.
  • Father must pay child support and can request structured visitation or hospitality rights.
• Best interest standard:
  • Court reviews the child's age, health, emotional needs, schooling, stability, and each parent's capacity and moral suitability.
  • Evidence of neglect, abuse, or instability can lead to transfer or restriction of custody.

Visitation and contact arrangements

• Typical patterns:
  • Weekend day or overnight visits, midweek visits, and alternating holidays are common arrangements.
  • Courts may specify pick-up and drop-off locations (sometimes at supervised visitation centers).
• Enforcement:
  • Visitation orders can be enforced through Enforcement Courts; non-compliance can trigger fines or other measures.
  • Electronic visitation platforms in some regions allow scheduling and monitoring.

Relocation, travel, and international issues

• Relocation inside Saudi Arabia: Courts may restrict moving children far from the other parent if it harms their relationship or schooling.
• International travel:
  • For Saudi children, passport issuance and exit often require consent of the guardian, but practice is changing, and mothers with custody may obtain more authority in some cases.
  • Courts can issue travel bans to prevent removal of a child from Saudi Arabia during a dispute.
• Expat families:
  • If both parents are expatriates, Saudi courts usually still apply Saudi Personal Status Law but may consider foreign law or agreements if not contrary to Saudi public policy.
  • Lack of Hague Convention participation means cross-border abduction disputes are legally complex and require strategic planning.

How are maintenance, alimony, and child support enforced in Saudi Arabia?

Maintenance and child support orders in Saudi Arabia are enforced through specialized Enforcement Courts, which can freeze bank accounts, garnish wages, restrict services, and even issue travel bans or detention for persistent non-compliance. The system has become significantly more efficient with electronic linking of judgments and enforcement tools.

Obtaining maintenance and child support orders

1. File a maintenance case:
   • Through Najiz, file a claim for spousal maintenance, child support, or arrears; include marriage contract, children's birth certificates, and evidence of the husband's income if available.
2. Court assessment:
   • Judge considers the husband's financial capacity, standard of living, and children's needs.
   • Amounts can be adjusted later if circumstances change.
3. Judgment issuance:
   • Court issues judgment specifying monthly amounts and, if appropriate, arrears or lump sums.

Enforcement mechanisms

• Enforcement request:
  • Beneficiary submits the judgment through Najiz to the Enforcement Court.
  • Enforcement judge notifies the debtor and gives a short period to comply.
• Available measures:
  • Freezing bank accounts and direct deduction of amounts.
  • Salary garnishment in coordination with the employer.
  • Travel bans until payment of arrears.
  • Suspension of some government services.
  • Attachment of property and, in extreme cases, detention for non-compliance.

Domestic abuse and urgent measures

• Protection from Abuse Law tools:
  • Victims can report abuse to hotline 1919, police, or courts; emergency protection orders and temporary custody orders may be granted.
  • Court can order the abuser to leave the home and continue providing financial support.
• Documentation:
  • Medical reports, witness statements, and digital evidence (messages, recordings where lawful) are crucial in abuse and harm-based divorce claims.

How are international marriages and expat family issues handled in Saudi Arabia?

Saudi courts generally apply Saudi Personal Status Law even in cases involving foreigners, but they may consider foreign law or religious law where both spouses are non-Saudi and it does not conflict with Saudi public policy. Recognition of foreign marriages and divorces depends on proper documentation, legalization, and compliance with basic Sharia requirements.

Recognition of foreign marriages and divorces

• Foreign marriages:
  • Must be valid under the law of the place of celebration and not conflict with Sharia (e.g., no same-sex marriage, no prohibited kinship).
  • Need legalization: usually attestation by local authorities, Saudi embassy, and later by Saudi Ministry of Foreign Affairs; then registration with Civil Status for Saudis.
• Foreign divorces:
  • Saudi courts may recognize foreign divorce judgments if rendered by a competent court, parties had due process, and the judgment does not conflict with Saudi public policy.
  • However, parties often still need to obtain a Saudi court order or documentation to update local records and enforce financial or custody rights inside Saudi Arabia.

Common expat scenarios

• Two expatriates divorcing in Saudi Arabia:
  • They may ask the court to consider their national law, but courts often default to Saudi Personal Status Law.
  • Child custody and support orders issued in Saudi Arabia may be hard to enforce abroad without separate procedures.
• Saudi-foreigner marriages:
  • Saudi law applies strongly, especially on custody, guardianship, and children's nationality.
  • Foreign spouse should understand exit visa, residency sponsorship, and travel rules, especially if a dispute arises.
• Cross-border child disputes:
  • There is no Hague Child Abduction Convention mechanism in Saudi Arabia, so recovery of a child taken abroad (or from abroad to Saudi) relies on negotiation, bilateral arrangements, or foreign proceedings.
  • Early legal advice on travel permissions, court orders, and documentation can help prevent crises.

What do family law cases cost in Saudi Arabia and how long do they take?

Most court filing fees for family cases in Saudi Arabia are low or nil, but the main costs come from legal fees, documentation, and potential expert reports. Simple, uncontested matters can finish in a few weeks, while complex divorce, custody, and financial disputes may take many months or more than a year.

Typical cost and time ranges

These are indicative ranges only; actual fees vary significantly by city, law firm, and complexity. Many lawyers offer package fees for straightforward divorces or custody applications.

Factors that speed up or slow down cases

• Speed up:
  • Clear documentation (marriage contract, evidence of income and expenses).
  • Agreed settlements on custody and finances presented to the court.
  • Using Najiz for electronic notifications and submissions.
• Slow down:
  • Disputes about facts (date of marriage, amount of mahr, alleged abuse).
  • Uncooperative party avoiding hearings or notifications.
  • Cross-border elements requiring foreign documents or coordination.

When should you hire a lawyer or family law expert in Saudi Arabia?

You should strongly consider hiring a family lawyer in Saudi Arabia if your case involves contested divorce, child custody, significant assets, cross-border elements, or any form of abuse or risk. A lawyer can navigate the Sharia-based rules, new codified laws, and practical court expectations to protect your rights and speed up procedures.

Situations where professional help is critical

• Complex or contested divorce:
  • Disputes over mahr, property contributions, or alleged fault (abuse, neglect, non-support).
  • Strategic choice between khul, judicial divorce, or negotiating talaq with conditions.
• Child custody and relocation:
  • When parents disagree about who should have custody or whether children can move to another city or country.
  • Need for travel bans, supervised visitation, or urgent protective measures.
• Cross-border and expat matters:
  • Marriage or divorce involving foreign law, foreign judgments, or potential proceedings in more than one country.
  • Concerns about child abduction or loss of residency rights after divorce.
• Domestic abuse or coercion:
  • Need for immediate protection orders, safe housing, and strategic evidence gathering.
  • Balancing safety with financial and immigration considerations.
• High-asset or business-owning families:
  • Complex asset structures, companies, or investment portfolios that require careful documentation and argument to support claims.

What a Saudi family lawyer typically does for you

• Evaluates your situation under the Personal Status Law and relevant circulars.
• Advises on the best legal route (e.g., negotiating talaq vs. filing khul vs. judicial divorce).
• Drafts strong pleadings and assembles effective evidence tailored to local court expectations.
• Represents you at hearings and manages Najiz filings and electronic notifications.
• Negotiates settlements that can be converted into enforceable court-approved agreements.
• Coordinates with foreign counsel where cross-border issues exist.

What are the next steps if you have a family law issue in Saudi Arabia?

The most effective next steps are to organize your documents, clarify your goals (stay, separate, or divorce and on what terms), and seek early legal advice before taking irreversible actions. Using the Najiz platform and official channels will help you protect your rights and avoid informal arrangements that are hard to enforce.

Practical action plan

1. Gather key documents:
   • Marriage contract, any amendments, and evidence of mahr payments.
   • Children's birth certificates and family registry (for Saudis).
   • Proof of income and expenses (pay slips, bank statements, rent contracts).
   • Any evidence of abuse, neglect, or non-support if relevant (medical reports, messages, witness details).
2. Create a clear objective:
   • Decide whether you want reconciliation with conditions, temporary separation, or divorce, and what you seek in terms of custody, housing, and financial support.
3. Consult a qualified family lawyer:
   • Prefer someone who works regularly in Personal Status Courts in your region and understands Najiz procedures.
   • Discuss possible scenarios, risks, timelines, and fee structures before proceeding.
4. Use official platforms:
   • Create or access your account on Najiz.sa to view existing cases and judgments.
   • Avoid informal or undocumented settlements that might be hard to enforce later.
5. If at risk of harm, prioritize safety:
   • Contact the protection hotline (1919) or local police if you face immediate abuse.
   • Inform your lawyer so they can seek urgent protective orders and temporary custody or support measures.
6. Think long-term for children:
   • Consider schooling, healthcare, nationality, and travel needs of your children when planning any separation or relocation.

Thoughtful preparation and early expert guidance are the best ways to navigate Saudi family law while safeguarding your rights, your children, and your long-term stability.