When a couple can no longer maintain their relationship, divorce sometimes becomes the last resort to end the marriage. Divorce cases are considered important in Saudi society, and the Kingdom has regulated its procedures through legal and Sharia systems that ensure the rights of both parties and consider the best interests of the children. Verbal divorce is one type of divorce precisely regulated by the Saudi Personal Status Law, detailing its pillars, conditions, and legal effects to ensure it is valid under the law. Today, we will explain the pillars and conditions of verbal divorce as stated in the Saudi Personal Status Law.
How does the Personal Status Law regulate the pillars and conditions of verbal divorce?
The Saudi Personal Status Law states that verbal divorce occurs when certain essential pillars are present, and specific conditions must be met to ensure its legal validity. Articles 85 and 79 state:
“Divorce is of two types: revocable and irrevocable. Divorce is valid through explicit words or understood gestures if the husband is unable to speak, and it is pronounced by the husband if he is capable of speaking.”
Article 79 clarifies that verbal divorce can be effected by explicit words, writing, or gesture, provided that the husband intends to divorce.
Article 90 also states:
“The husband must document the divorce before the competent authority within a maximum period of fifteen days from the occurrence of separation.”
This article highlights that verbal divorce must be documented before the competent authority within fifteen days at most; otherwise, it is considered undocumented, which may result in it not being legally recognized.
Pillars and Conditions of Verbal Divorce
Below, we explain the pillars and conditions of verbal divorce as stated in the legal provisions of the Personal Status Law:
First: Pillars of Verbal Divorce
The Saudi Personal Status Law states that verbal divorce occurs when certain essential pillars are present. Divorce is invalid without these pillars, which are as follows:
- The husband must pronounce the words of divorce with the intention to divorce.
- The marriage contract must be valid.
- Divorce must be expressed explicitly, or by understood gestures if the husband cannot speak.
- The husband must have the intention to divorce when pronouncing it.
Second: Conditions of Verbal Divorce
The following conditions must be met for verbal divorce to be valid:
- The husband must be of legal age and mentally competent.
- The divorce must occur within a legally recognized marriage contract.
- The divorce must be officially registered with the competent authority to ensure legal recognition.
How to Prove Verbal Divorce
Article 90 of the Personal Status Law confirms the requirement to document verbal divorce before the court within a maximum of 15 days. If the husband refuses, the wife may file a lawsuit to prove the divorce before the competent court.
To facilitate the process, verbal divorce can be documented electronically through the Najiz Portal of the Ministry of Justice by following these steps:
- Access the Najiz Electronic Portal.
- Log in to the portal using your National Access account.
- Select all electronic services within the portal and choose the package related to social cases.
- Access the divorce documentation service.
- Click the icon to use the service.
- Select the competent authority for documentation.
- Enter the applicant’s data, the parties’ information (husband and wife or their representatives), and any relevant details such as the marriage contract, divorce data, and location, attaching all required documents.
- Submit the request.
- A text message will be sent to the beneficiary with the submission date and request number.
Why Choose Nawaf Bin Awad Al-Harbi for Verbal Divorce Cases?
Nawaf Bin Awad Al-Harbi Law Firm is one of the top law firms in Saudi Arabia, with proven expertise in complex personal status cases, especially verbal divorce, which requires precise knowledge of the Personal Status Law and its judicial applications.
Due to the increasing complexity of these cases, it is essential to consult a specialized law firm like Nawaf, which provides a range of services in verbal divorce cases, including:
- Providing legal consultations regarding the validity of verbal divorce according to Saudi regulations.
- Clarifying the pillars and conditions required for the verbal divorce to be valid and legally recognized.
- Assisting in documenting verbal divorce according to the Personal Status Law and ensuring all official procedures are completed.
- Representing clients in court to protect the rights of both husband and wife during the proceedings.
- Following up on custody and alimony matters resulting from the divorce to ensure the rights of children and family.
Relying on Nawaf Bin Awad Al-Harbi Law Firm ensures that all procedures for your verbal divorce are properly completed, safeguarding your rights. Contact us now.
Conclusion
The Saudi Personal Status Law regulates verbal divorce by clearly defining its pillars, conditions, and legal effects. It emphasizes proper application to ensure the legal rights of both parties and that the divorce is legally valid.
Also learn about the conditions for a divorced wife to return to her husband.
Frequently Asked Questions
Is verbal divorce possible in Saudi Arabia?
Yes, verbal divorce is valid under Sharia, but it is not legally recognized until officially documented. If the husband says to his wife “you are divorced” with genuine intention, the divorce occurs religiously but must be registered in court to be officially recognized under Saudi law.
How can verbal divorce be proven?
Verbal divorce can be proven by filing a lawsuit in the competent Personal Status Court, providing all evidence allowed under the Saudi Evidence Law, such as confession, oath, and witness testimony.
What is the penalty if the husband fails to document the divorce?
According to the Saudi Personal Status Law, the husband bears the responsibility of officially and legally proving the divorce. If he fails to do so, he must pay compensation to the divorced wife, which should not be less than the minimum alimony amount, starting from the date of divorce until the date the wife acted upon the divorce.
