Saudi Arabia’s new family law: Key marriage, custody and privacy reforms explained

Dubai: Saudi Arabia has begun implementing the new Personal Status Law, a landmark legal framework aimed at modernising family law, after approval by Crown Prince Mohammed bin Salman.

The 41-article regulation, which took effect on Friday, marks a significant step in the kingdom’s ongoing legal reforms, reinforcing women’s rights, marital laws, and child custody provisions in line with broader judicial modernisation efforts.

Under the new rules, unapproved marriage contracts will now be subject to a structured review, led by the Minister of Justice and other authorities. The ministry has also been granted authority to introduce additional regulations as needed based on evolving judicial applications.

A notable provision mandates the official documentation of marriage contracts between non-Muslims, whether they share the same nationality or not.

The regulation further clarifies that a wife’s right to request an annulment due to conditions preventing marital relations cannot be forfeited simply because she did not take immediate legal action.

The law strengthens marital privacy by stipulating that a couple’s privacy is considered breached if someone capable of understanding and interpreting their relationship is present as an observer.

In child custody matters, the regulations ensure that a mother retains custody of a child under two years old, even if she remarries a man unrelated to the child.

Saudi Arabia’s Cabinet first approved the Personal Status Law in March 2022, part of an ambitious legal overhaul championed by the Crown Prince.

The legislation, derived from Islamic principles and international legal benchmarks, sets the legal age of marriage at 18, affirms a woman’s right to financial support from her husband, and grants her the ability to seek annulment under specific conditions.

The Personal Status Law is one of four key legal frameworks announced by the Crown Prince in February 2021, alongside the Civil Transactions Law, Penal Code for Discretionary Sanctions, and Law of Evidence. Together, these reforms enhance judicial transparency, expand individual rights, and bring Saudi Arabia's legal system closer to international standards.