What Are the Wife’s Rights After Divorce Under the New Law?
The Saudi legislator pays great attention to the wife’s rights after divorce to ensure fairness and justice after the end of the marital relationship. These rights are regulated according to the Saudi judicial system and the provisions of Islamic Sharia.
The legislator approved these rights in the new Personal Status Law by establishing several legal provisions that confirm the wife’s rights after divorce. In this article, we will explain the wife’s rights after divorce under the new law.
Wife’s Rights After Divorce Under the New Law
The new law has granted the wife a set of rights after divorce, which we explain as follows:
The Right to Alimony:
Alimony is considered one of the most important rights of the wife after divorce under the new law, as Saudi legislation aims to guarantee the wife’s financial rights after divorce, especially in cases where she needs financial support to cover her living needs.
This is considered a legal obligation on the husband, as alimony is determined based on several criteria, such as the wife’s needs, the husband’s financial situation, and daily living requirements.
Learn when child support may be dropped and the conditions that may cause it to end in certain cases.
The Right to Child Custody:
Child custody is one of the most important rights of the wife after divorce under the new law. She is considered the most entitled to custody of the children after divorce because she is more capable of caring for them and meeting their health, psychological, and emotional needs, unless it is proven that she is not qualified to have custody.
One of the conditions for the mother’s continued right to custody is that she must not be married to a man who is unrelated to the child under custody.
However, there is an exception to this condition if the court finds that the child’s best interest is to remain with the custodian despite her marriage. This is because the main purpose of this condition is to preserve the child’s presence in a safe family environment.
Read more about the conditions for a mother’s custody of a child after divorce and the most important cases in which custody is established or dropped.
The Right to Housing:
Housing is one of the most prominent and important rights of the wife after divorce under the new law, as it aims to ensure the protection of women. Saudi law determines the divorced woman’s right to housing based on the type of divorce and her social status, such as custody or pregnancy.
For example, housing is the right of a woman divorced by revocable divorce during the waiting period. The husband is obligated to provide suitable housing for the divorced woman, whether in the same home or in another residence if it is appropriate for her condition.
However, in the case of irrevocable divorce, the husband is not obligated to provide housing for the divorced woman after the waiting period ends, except in special cases, including:
- If the divorced woman is pregnant, she is entitled to housing until she gives birth.
- If the divorced woman has custody of children, the husband is obligated to provide suitable housing for the divorced woman and the children during the custody period.
- If the divorced woman does not have custody after custody is transferred to the father or after the waiting period ends, she is not entitled to housing in this case.
Legal Articles Regulating the Wife’s Rights After Divorce Under the New Law
The new law includes several articles that clarify the wife’s rights after divorce to protect her and preserve her rights. Article (53) of the Saudi Personal Status Law confirms the wife’s right to alimony after divorce, stating:
“1- Alimony is due to a woman observing the waiting period from a revocable divorce until the end of her waiting period.
2- Alimony is not due to a woman observing the waiting period from an irrevocable divorce unless she is pregnant, in which case she is entitled to alimony until she gives birth.”
This article clarifies that the Saudi legislator distinguishes alimony in the case of an irrevocably divorced woman who is pregnant as follows:
- If the irrevocably divorced woman is pregnant: She is entitled to alimony until she gives birth, as the husband is obligated to provide for her throughout the pregnancy to ensure the care and protection of the fetus in accordance with Islamic Sharia requirements.
- If the irrevocably divorced woman is not pregnant: She is not entitled to alimony after divorce, since the marital relationship between the parties has ended permanently, unless there is a special obligation or agreement between the parties.
One of the most prominent rights of the wife after divorce under the new law is also her right to custody of her children, according to Article (127) of the Saudi Personal Status Law, which states:
“Custody is a duty of both parents as long as the marital relationship remains between them. If they separate, custody belongs to the mother, then to those most entitled to it in the following order:
1- The father, then the maternal grandmother, then the paternal grandmother, then the court decides what it considers to be in the best interest of the child under custody, without prejudice to what is stated in Article (126) of this Law.
2- The court may decide contrary to the order stated in paragraph (1) of this Article based on the best interest of the child under custody.”
This article clarifies that custody is originally the mother’s right after divorce, as long as there is nothing preventing her from having custody of the children.
To preserve the mother’s right to custody, a set of conditions must be met, as clarified by Article (125) of the new Personal Status Law:
“Subject to the provisions of Article (10) of this Law, the custodian must meet the following conditions:
- Full legal capacity.
- The ability to raise, protect, and care for the child under custody.
- Being free from serious contagious diseases.”
This article clarifies that the mother must have full legal capacity in order to have custody of the children. She must be of legal age, sane, and capable of caring for the children.
She must also provide the child under custody with a stable and safe environment and be free from serious contagious diseases that may harm the child.
The new law also clarified that the mother’s custody of children continues until the age of 15. This was stated in Article (135), which provides:
“1- If the child under custody reaches the age of fifteen, they have the right to choose to reside with either parent, unless the best interest of the child requires otherwise.
2- Custody ends when the child under custody reaches the age of eighteen.
3- If the child under custody is insane, mentally disabled, or suffering from a disabling illness, custody continues according to the order stated in Article (127) of this Law.”
This article clarifies that custody continues until the age of 15, after which the child is granted the freedom to choose between staying with the mother or moving to the father, while taking into account the child’s best interest.
The Role of Nawaf bin Awad Al-Harbi Law Firm in Ensuring the Wife’s Rights After Divorce
Nawaf bin Awad Al-Harbi Law Firm is considered one of the leading law firms specialized in providing legal support and consultations to wives after divorce in Saudi Arabia, as it seeks to ensure that divorced women obtain all their living and financial rights.
The firm has extensive experience in handling various family cases, including alimony, divorce, and child custody cases. It pays close attention to all details related to the wife’s rights in divorce cases and helps wives obtain their rights based on the provisions of Saudi law.
This includes a wide range of services, such as supporting the wife in obtaining suitable alimony, providing housing for her, ensuring she obtains custody, and offering legal consultations on all matters related to the wife’s rights after divorce.
Nawaf Law Firm provides legal advice to wives to ensure reaching the best possible solutions, whether through amicable solutions or judicial procedures. Do not hesitate to contact us now to obtain the necessary legal consultations and support.
Contact the best personal status lawyer and make your rights after divorce clear and protected.
Conclusion
The Saudi legislator was keen to clarify the wife’s rights after divorce under the new law in order to ensure a decent life for her after divorce and the end of the marital relationship, by obligating the husband to fulfill certain duties toward his wife. This reflects the legislator’s commitment to preserving wives’ rights and securing their lives.
Learn about your rights if the wife requests divorce and the husband refuses, and the legal options available to you.
Frequently Asked Questions
What is the wife entitled to after divorce?
The wife is entitled to alimony after divorce during the waiting period if the divorce is revocable. She is also entitled to housing if she is pregnant or has custody, and she also has the right to custody of the children according to legal and Sharia provisions.
Is the husband required to pay alimony to the divorced woman in Saudi Arabia?
Yes, the husband is required to pay alimony to the divorced woman in certain cases, such as if the divorce is revocable or if she is during the waiting period. The husband must also provide alimony until the waiting period ends. If the divorced woman is pregnant, alimony continues until she gives birth.
Is housing the wife’s right after divorce when there are children?
Yes, housing is considered one of the wife’s rights after divorce, especially if she is responsible for custody of the children, in order to provide a safe and stable environment for them.