Kuwait proposes sweeping reforms to decades-old family law

Dubai: Kuwait has unveiled a draft overhaul of its 1984 Personal Status Law — the most sweeping reform of family regulations in four decades. The proposed amendments have been circulated to 13 government agencies for review before being sent to parliament.

The draft addresses key issues including alimony, marriage consent, dowry, divorce, child custody, and visitation rights.

Under the reforms, a woman’s marriage without her explicit approval would be considered invalid, and she would have the right to add conditions to the marriage contract.

Alimony would be recalibrated based on need, cost of living, and the financial capacity of the payer.

• Highlights

• Draft overhaul of 1984 Personal Status Law sent to 13 agencies for review

• Women’s consent required for marriage; option to add contract conditions

• Alimony recalibrated by need, cost of living, and payer’s capacity

• 'Khul’ redefined as dissolution, not divorce, avoiding statutory limits

• Custody priority: Mother → father → paternal grandmother → maternal grandmother

• Fathers’ rank in custody elevated from seventh to second; custody may shift at age 12

• Expanded visitation rights for grandparents and relatives

• Widows entitled to stay in marital home during waiting period

The reforms also reclassify khul’ — a wife-initiated separation — as a dissolution rather than a divorce, ensuring it does not count toward the statutory divorce limit.

Women would also be entitled to annulment if dowry remains unpaid or reconciliation proves impossible.

Custody rules would undergo significant change. Both parents would retain shared custody during marriage, but after separation, priority would first go to the mother, followed by the father, paternal grandmother, and maternal grandmother.

Unlike current law, which places fathers seventh in the custody order, the draft elevates their rank to second. Courts could transfer custody to the father once a child reaches 12.

Visitation rights would be expanded to include grandparents and close relatives, while widows would retain the right to remain in the marital home during their waiting period.

Officials said the reforms aim to align Kuwait’s family law with contemporary needs while preserving cultural and religious principles. The draft will undergo government review before being debated in parliament.