Family law in Saudi Arabia
Information on family law topics for British people in Saudi Arabia, including marriage, divorce, child custody and inheritance.
Saudi legal system
Saudi Arabia’s legal system is based on Islamic Sharia law. The Personal Status Law (2022) (in Arabic) covers many family-related matters. This law applies to you if you’re in Saudi Arabia regardless of your nationality. For some matters, the law varies depending on your religion and other personal circumstances.
Finding a lawyer in Saudi Arabia
Consider getting a lawyer to help you with complex legal issues. Find a lawyer in Saudi Arabia.
Getting married in Saudi Arabia
Marriage in Saudi Arabia is a legally recognised contract between a man and a woman. You must have a formal marriage contract to prove you’re married. In some cases, a judge may accept other evidence.
In Saudi Arabia, a marriage is valid if:
- both partners are of sound mind and free from legal or medical problems
-
both partners consent
-
for Muslim marriages, the bride’s male guardian (wali) is present and meets legal requirements
- for Muslim marriages, 2 Muslim male witnesses are present and understand the intent of the marriage
- for Muslim marriages, both partners pass medical tests for infectious diseases and genetic conditions
- for Muslim marriages, both partners give spoken consent showing they understand the meaning of marriage – if you cannot speak, you must give written consent or use another form of acceptable communication such as sign language
Legal age
The legal age for marriage is 18. Women under 18 can marry with court approval.
Marriages between Muslims and non-Muslims
A Muslim man may marry a Christian or Jewish woman.
A non-Muslim man must convert to Islam to marry a Muslim woman.
Non-Muslim marriages
If you and your partner are non-Muslims, you may be able to marry at a foreign embassy or church. The Saudi Ministry of Foreign Affairs must stamp (attest) an Arabic translation of your marriage certificate for it to be legally recognised. Find a translator or interpreter in Saudi Arabia.
Saudi courts do not perform non-Muslim marriages.
British nationals marrying in Saudi Arabia
If you’re a British national and want to marry in Saudi Arabia, you can start the process online. Find out how to get proof you’re free to marry in Saudi Arabia.
A Saudi marriage certificate is valid in the UK if you get it translated into English and stamped (attested) at the Saudi Ministry of Foreign Affairs. Get your Saudi marriage certificate attested (in Arabic and English).
The British Embassy in Riyadh cannot provide paperwork for a marriage outside Saudi Arabia.
Getting a divorce in Saudi Arabia
If you and your spouse are both foreign nationals, you may be able to divorce under your home country’s laws. To do this, you must both agree to divorce this way, and your marriage must be registered outside Saudi Arabia.
The British Embassy in Riyadh strongly recommends you get legal advice. Find a lawyer in Saudi Arabia.
Divorcing under Saudi laws
Either you or your spouse can start the divorce process in Saudi Arabia.
There are 3 types of divorce:
- talaq – the husband starts the process
- khul’ (redemptive divorce) – the wife starts the process
- judicial divorce – the wife usually starts the process
Each type of divorce has different rules and outcomes.
Talaq
A husband may divorce his wife on his own by pronouncing talaq and registering it with the court.
Khul’ (redemptive divorce)
Redemptive divorce allows a woman to dissolve the marriage by agreeing to repay her dowry to her husband or something else that she received from him. This does not affect the financial rights of her children.
Judicial divorce
A wife, and in some cases a husband, may get divorced for reasons such as:
- defect or illness
- abuse
- neglect
- non-support and insolvency
- absence
Defect or illness
Either spouse may request divorce if the other suffers from a chronic illness or defect that makes married life impossible.
This includes mental or physical conditions, such as impotence, that are permanent or severely affect the marriage. The court may order a medical examination to verify the condition.
If the defect is confirmed and reconciliation is not possible, the court may grant a divorce.
Abuse or neglect
A wife may request divorce on the grounds of ‘harm, detriment or breach’, which includes:
- physical abuse
- mental or emotional abuse
- neglect of the wife or children
- threats or coercion by the husband or guardian
If the court confirms harm has occurred and reconciliation is not possible, it may grant a divorce. The wife keeps her full financial rights, including deferred dowry and maintenance.
If harm is not clearly proven, the court may appoint arbitrators from each spouse’s family (or neutral parties) to attempt reconciliation. If reconciliation fails, the court may proceed with the divorce.
Saudi Arabia has anti-abuse laws that criminalise domestic violence. Penalties include imprisonment and fines. Victims may use shelters and rehabilitation services through the Ministry of Human Resources and Social Development
Non-support and insolvency
A wife may request divorce if her husband fails to provide financial support, including:
- housing
- food
- healthcare
- children’s education
Someone is insolvent if they cannot pay their debts. If the husband claims insolvency, the court may grant him a grace period (typically up to 3 months) to begin providing. If he fails to do so, the court may declare the couple divorced.
Absent, missing or imprisoned spouse
Either spouse may request divorce if the other is:
- absent or has abandoned the family for more than a year without a valid reason
- missing and cannot be located
- imprisoned, and the court deems the marriage unsustainable after a reasonable period (often one year)
Temporary arrangements during divorce
Divorce in Saudi Arabia can take time, especially when disputes involve children, finances or property. During this period, you can request temporary court orders for urgent matters such as:
- child custody
- resident rights
- financial support (nafqa)
To request a court order, submit a petition to the Personal Status Court. The petition should include a clear explanation, supporting documents and legal basis. You can do this without a lawyer.
The court typically issues a temporary ruling within 10 to 15 days. If the court accepts your petition, it notifies the other spouse. If it rejects your petition, you can appeal within 7 days. These orders last until the final divorce judgment.
Applying for a divorce
You can apply for a divorce through the Ministry of Justice’s Najiz online legal services platform (in Arabic). Saudi citizens, residents, and in some cases, legal representatives of visitors can do this.
You can visit one of the Najiz service centres located across the Kingdom for help with filing and legal inquiries. You’ll need:
- a valid Absher account
- supporting documents (for example, marriage certificate and ID)
- a case summary
Najiz services include divorce filing, khul’ requests and custody claims.
Visitors without a resident ID (Iqama) may need to file through a legal representative.
Child custody in Saudi Arabia
Islamic Sharia law and the Personal Status Law (2022) (in Arabic) governs child custody decisions in Saudi Arabia. These laws apply to all Muslims regardless of their nationality.
Non-Muslim parents may have to follow different procedures, but custody is still decided in the best interests of the child.
Custody rights and priorities
Courts generally give mothers custody of young children, especially:
- boys until age 9
- girls until age 7
After these ages, custody may shift to the father unless the court finds it in the child’s interest to remain with the mother.
Custody does not include guardianship (wilayah), which typically remains with the father or a male relative and covers decisions like travel, education and legal matters.
Custody eligibility rules
To get custody of a child, a parent must be:
- a mature adult of sound mind
- trustworthy and capable of raising and caring for them
- free from contagious or dangerous diseases
- for a child of the opposite sex, a non-marriageable relative (mahram)
For a male child, a mahram includes his mother, sisters, aunts, grandmothers. For a female child, her father, brothers, uncles and grandfathers.
Custody order of preference
If a court decides both parents are unfit or unavailable, it may assign custody in the following order:
- mother
- father
- paternal grandmother
- maternal grandmother
- grandfather
- full sister
- maternal half-sister
- paternal half-sister
- maternal aunts
- paternal aunts
If multiple relatives are equal in rank, the court prioritises the one who is most suitable and pious. If they’re still equal, it favours the oldest relative.
In cases of separation or divorce, the mother has priority for custody if the parents separate, even without formal divorce, unless the court rules otherwise.
Custody rulings are case-specific. The court may adjust them based on the child’s needs, parental fitness and living conditions.
Residency rights after divorce in Saudi Arabia
If you’re a foreign national woman married to a Saudi national
Following divorce, as a foreign national wife, the Saudi authorities may cancel your residency permit (Iqama). Saudi husbands typically sponsor residency permits.
You do not have an automatic right to stay in Saudi Arabia.
You may be able to stay in the Kingdom if:
- you find a new sponsor (for example, an employer or family member)
- you get custody of your children and the courts allow you to stay temporarily to care for them
As the mother, the court may support your right to stay in Saudi Arabia if you’re the primary caregiver. The court handles such issues on a case-by-case basis.
If you’re a foreign national woman sponsored by an employer or family
If you were already sponsored by an employer or relative before marriage, your residency may continue under that sponsor after divorce. However, if your sponsorship transferred to your husband during marriage, you’ll need to get a new sponsor or leave the country.
Sponsorship, travel and exit/re-entry permits
Children are usually registered under the sponsorship (kafala) of one parent, most commonly the father. The sponsor is responsible for issuing or approving exit and re-entry permits through the Saudi authorities.
The Saudi courts may need to resolve disagreements between parents about travel. It is important that any court order clearly explains arrangements for travel, exit permissions or restrictions. Saudi authorities will use the court order when processing requests.
Enforcing court judgments
Once a court judgment becomes final, you may need to take additional steps to enforce it if your former spouse does not follow it voluntarily.
You can manage court judgement enforcement through the Enforcement Court. You or a legal representative will need to apply through the Ministry of Justice’s Najiz online services platform (in Arabic). You’ll usually need to provide the final court judgment and any related orders.
Court judgments relating to family matters may include:
- child custody
- child maintenance (nafqa)
- contact or visitation arrangements
- travel permissions
- financial obligations arising from divorce
The enforcement process and outcomes depend on the type of judgment, the facts of the case and the Saudi court’s decision.
UK and other foreign court judgments in Saudi Arabia
The Saudi courts may need to recognise a foreign court judgment before they can consider enforcing it. What you must do will depend on the country where the judgment was issued and the facts of the case.
The British Embassy in Riyadh cannot enforce court judgments, intervene in legal proceedings, compel compliance with a court order or influence Saudi court or other authorities’ decisions.
Getting legal advice about enforcement
Consider getting independent legal advice about court order enforcement. Find a lawyer in Saudi Arabia.
The Embassy in Riyadh cannot recommend a particular lawyer or pay your legal costs.
Managing wills, estates and inheritance in Saudi Arabia
Islamic Sharia law governs inheritance in Saudi Arabia. Sharia law applies to all Muslims, regardless of their nationality.
The laws of a deceased non-Muslim person’s country of nationality may apply to inheritance matters. However, the Saudi courts will rule on any of their assets located in the Kingdom.
Wills and estates
If a person dies without a will, Sharia inheritance rules decide how the estate is divided. These rules give fixed shares to eligible heirs (for example, sons receive twice the share of daughters).
If there is a will, it may be honoured up to one-third of the estate for non-heirs unless all heirs consent to a broader distribution.
Foreign wills may be recognised if they’re:
- translated into Arabic
- authenticated by a public notary
- legalised by the Saudi Embassy in London
Guardianship of minors after a parent’s death
The Saudi court typically gives the father’s side of the family guardianship after a parent’s death. The court can rule differently depending on the circumstances.
There is no Saudi guardianship law for foreign nationals. The father’s nationality and religion usually decides guardianship.
You should include guardianship instructions in your will, especially if you and the other parent are foreign nationals or living abroad.
Managing inheritance online
The Ministry of Justice’s Merath online inheritance services platform (in Arabic) includes official information such as a:
- list of legal heirs (hars al-waratha)
- list of the assets and liabilities of the person who died (hars al-tarika)
- distribution of the estate according to Sharia shares (qismah)
If you’re a Saudi citizen or resident, you can sign in to Merath using your Absher credentials. Foreign nationals may need to work through a legal representative or their embassy.
Disclaimer
The British Embassy in Riyadh provides this information to help British nationals. The embassy does not assume or undertake any legal responsibility or liability, to you, or those affected, in connection with this information. For all legal matters, you should get legal advice from qualified practitioners.