The new Personal Status Law is a legal framework enacted by the Kingdom of Saudi Arabia to regulate all family-related matters such as marriage, divorce, alimony, custody, and guardianship. The law aims to protect the rights of women and children and to resolve family disputes fairly and clearly. It contributes to ensuring family and social stability and guarantees that decisions are made in the best interests of all family members. This law is also part of the Kingdom’s broader efforts to develop its legal systems and improve the quality of life for citizens, in line with Saudi Vision 2030.
1. The New Personal Status Law
The new Personal Status Law in Saudi Arabia is considered one of the most significant legislative developments in the country. It addresses the challenges facing families and women and organizes all personal status matters.
Royal Decree issued Law No. (M/73) dated 8/6/1443H and consists of 252 articles divided into 8 chapters. It covers issues such as marriage, divorce, effects of the marriage contract, guardianship, and inheritance. A key goal of the law is to ensure the protection of the rights of women and children.
2. Marriage Under the New Personal Status Law
According to the new Personal Status Law, and specifically as outlined in Chapter One, which addresses marriage, the legal age for marriage in Saudi Arabia is set at 18 years for both males and females. Article 9 of the law prohibits the registration of marriage contracts for individuals under this age unless the court approves after confirming that the marriage is in their best interest.
The law also outlines the necessary conditions for a valid marriage contract, including mutual consent, the presence of two witnesses. Also, the offer and acceptance from the legal guardian, as detailed in Article 13. Furthermore, the law sets specific criteria for the guardian and the witnesses involved in the contract to ensure the rights of both spouses are upheld. It also establishes mutual rights and responsibilities, including the obligation of alimony, which will be discussed in the next section.
3. Alimony Under Saudi Law
Under the new Personal Status Law, alimony is a legal obligation to provide for the essential financial needs of dependents, such as a spouse or children. Alimony includes food, clothing, housing, and other necessities to ensure a dignified life. The law allows for an increase in alimony, but only after at least one year has passed since the original ruling, based on changing circumstances.
When does child alimony end in Saudi Arabia?
Under the law, alimony for a son ends when he becomes capable of earning an income, as determined by the court. For daughters, alimony continues until they get married. This is stated in Article 58 of the new law.
How is alimony calculated in Saudi Arabia?
Alimony calculations depend on various factors, including the father’s income, the number of dependents, and whether there are additional income sources. On average, child support may amount to about 20% of the father’s salary, but this can vary depending on the family’s financial condition.
These provisions aim to protect the financial rights of the wife and children and ensure their needs are met, especially after divorce.
4. Child Custody in the New Personal Status Law
Under the new law, custody of children is the joint responsibility of both parents as long as they remain married. In the event of divorce, custody is granted to the mother. According to Article 127, the order of custody after the mother is: the father, then the maternal grandmother, then the paternal grandmother, followed by others as determined by the court in the best interest of the child.
Article 135 stipulates that custody ends when the child reaches 15 years of age. At which point, they are allowed to choose which parent they wish to live with.
The goal of the new law regarding custody is to ensure the child’s well-being and upbringing in a stable and safe environment. meeting all their physical, psychological, social, and educational needs.
5. Guardianship and Wills in the New Personal Status Law
A guardian (wali) is usually the father or someone appointed by the court, while a trustee (wasiy) is someone designated by the father when he is unable or after his death. The law outlines specific conditions that must be met by the guardian or trustee. Including that they must not have been convicted of crimes involving dishonesty or dishonor, or judged incapable of managing finances, or previously dismissed from guardianship.
Article 143 lists the cases in which the court can dismiss a guardian or trustee, including incompetence, dishonesty, or inability to perform duties. Or religious incompatibility in cases involving Muslim minors. This ensures that the minor’s interests are always protected.
These provisions reflect Saudi Arabia’s commitment to justice and responsible care, especially for vulnerable individuals.
6. Defense Law Firm and Its Role in Personal Status Services
To secure the best legal representation in personal status matters, it is crucial to rely on reputable law firms with strong experience in the field. One such leading firm is Defense Law Firm, which offers specialized legal services in Saudi Arabia. The firm boasts a team of expert attorneys experienced in handling cases related to divorce, custody, alimony, and guardianship. Defense Law Firm is known for its professionalism, confidentiality, and commitment to achieving favorable outcomes for clients.
7. Frequently Asked Questions
1. How can a wife file an alimony claim through the Najiz platform?
First, log in to the Najiz portal.
Select “Statement of Claim
Click “New Request
Agree to the declaration and proceed.
Choose “Case Classification
Under the main category, select “Personal Status
Under the subcategory, select “Custody, Visitation, and Alimony Claims
Choose “Alimony” as the type of claim
Fill in the required details.
2. How much is the wife’s alimony after divorce in Saudi Arabia?
As mentioned earlier, the amount of alimony depends on various factors. The court determines it based on the husband’s financial status and the wife’s needs. Alimony can reach up to 50% of the husband’s income, though this amount may vary.
3. When is custody removed from the mother in Saudi Arabia?
While the law aims to preserve the mother’s custody rights, certain conditions can lead to her losing custody. These include:
1. The mother remarried.
2. Severe neglect in caring for the child.
3. Physical or mental illness that affects her ability to care for the child.
4. A final court ruling against her in cases involving dishonor or dishonesty.
5. Preventing the father from visiting the child three consecutive times despite a court order.
6. The child reaches the age of choice and chooses to live with the father.
Conclusion
The new Saudi Personal Status Law marks a major milestone in the Kingdom’s legal reforms. It aligns with Vision 2030 by enhancing rights, promoting justice, and safeguarding the interests of individuals and families. The law responds to modern societal changes while preserving Islamic values and contributes to reducing conflicts and promoting legal and family stability.
If you’re facing legal challenges in understanding your rights and responsibilities under the new Personal Status Law, we’re here to help! At Defense Law Firm, our legal experts are ready to provide reliable legal advice and full support for all family-related issues.
Contact us today and take the first step toward securing your family’s future with confidence.
Call us at: 920013824
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Riyadh
Dammam
Al-Qassim: Buraidah, Ali Ibn Abi Talib Road, opposite King Abdullah Sports City
