A new decree regarding Saudi Arabia new marriage law in the Kingdom was issued on February 14, 2023, reflecting a move toward promoting justice and equality in Saudi society. This decree includes a set of conditions and amendments aimed at achieving greater rights for women and improving their status in marital relationships. By raising the minimum age for marriage and removing the requirement for guardian approval, these changes aim to empower women and grant them greater independence in making decisions related to their personal lives. In this article, we will discuss the most prominent changes introduced by this decree and how they will impact marriage in the Kingdom.
المحتويات
Saudi Arabia New Marriage Law
The new decision regarding marriage contracts in the Kingdom was issued on February 14, 2023, including a set of conditions and amendments aimed at achieving greater justice and equality** in marital relations. The following are the most prominent changes included in the decision:
1. Raising the legal age for marriage
- The minimum age for marriage has been set at 18 for both males and females, instead of 15 for females and 17 for males in the previous system.
2. Abolishing the Requirement for Guardian Consent
- Women now have the right to consent to marriage without the need for guardian approval, giving them greater independence in making decisions related to their personal lives.
3. Women’s Right to Divorce
- Women have the right to request a divorce if they suffer any physical or psychological harm, without the need for their husband’s approval, which strengthens the protection of their legal rights.
4. Women’s Right to Alimony After Divorce
- In the event of a divorce, women are now entitled to fair financial support, ensuring a decent standard of living after separation.
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The new amendments to the Saudi Arabia marriage represent an important step in the Kingdom’s social reform process, aiming to enhance the status of women and support family stability.
Marriage Contract Conditions According to the Saudi Arabia New Marriage Law
The marriage contract conditions in Saudi Arabia are in line with the provisions of the personal status law and aim to guarantee the rights of spouses and protect the interests of children, thus contributing to strengthening family stability. The following are the most prominent conditions stipulated in the new decree:
1. Both spouses must have reached the legal age (18 years)
- Both the husband and wife must have reached the age of 18, with the aim of protecting women and children and preventing forced marriage of girls.
2. Mutual Consent
- Offer and acceptance are required from both parties, without any form of coercion or compulsion, to ensure that the marriage is based on the sincere desire of both parties.
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3. Not imposing conditions that restrict women’s freedom
- The marriage contract must not include any conditions that restrict a woman’s freedom, such as preventing her from working or leaving the home, in order to preserve her independence and dignity.
4. Officially documenting the marriage
- It is essential that the marriage be officially documented by the relevant authorities, in order to protect the rights of the spouses and children and ensure the legal status of the contract.
5. Marriage is based on equality and respect
- Marriage must be based on equality between the two parties, while adhering to the principle of mutual respect and equal rights and responsibilities.
Marriage in Saudi Arabia for Foreigners
The Kingdom of Saudi Arabia regulates marriages between foreigners according to a set of legal rules and conditions aimed at protecting the rights of all parties and ensuring compliance with local regulations. Saudi authorities have identified four nationalities prohibited from marriage: Pakistani, Bangladeshi, Burmese (Myanmar), and Chadian. The authorities also require proof of the absence of a previous marriage when marrying a Moroccan woman. In the event that a Saudi man marries a foreign woman while also having a Saudi wife, the first wife’s consent must be obtained.
Marriage procedures begin with submitting an official application, including the national ID and documents of the foreigner. The application is then presented to a specialized committee to verify that the conditions are met. The application is then reviewed by the Saudi embassy in the wife’s country of origin to ensure there are no legal impediments. If the wife was born in Saudi Arabia, the marriage is documented in the Sharia court.
Penalties are imposed for violating the laws, such as residency cancellation or entry bans. Marriage can be completed electronically via the ( Najiz) platform by following specific steps. The marriage process also includes three main stages: submitting the application to the emirate, communicating with the embassy, and documenting the contract in the emirate. To ensure smooth procedures and avoid complications, it is advisable to seek the assistance of a lawyer specializing in personal status matters from Etqan Law Firm.
In conclusion, the new amendments to the Saudi Arabia new marriage law are an important step toward improving the status of women and promoting family stability. By guaranteeing equal rights for both spouses and removing restrictions previously imposed on women, this law opens new horizons for marital relationships in the Kingdom. For further legal inquiries or specialized advice on personal status issues, you can contact Etqan Law Firm, where a team of experts will provide you with the necessary legal assistance to ensure the procedures proceed smoothly in accordance with the Kingdom’s applicable regulations.
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The Etqan Al Mutamayza Law Firm can provide the necessary support. You can contact their team
through the following mobile numbers: 056113776, 0541110440, 504315333
Alternatively, you can visit our branches:
- Jeddah: Al-Aziziyah District–Mohammed bin Abdulaziz Street (Tahlia)
- Riyadh: King Abdulaziz Street – In front of Kingdom
- Dammam: Al-Ashri’a Street, Al-Badeea, Dammam 32415.
FAQ
1- What are the requirements for marriage in Saudi Arabia?
Both spouses must have reached the legal age of 18.
Mutual consent from both parties is required, without coercion.
contract must not include conditions that restrict a woman’s freedom (e.g., preventing her from working).
The marriage must be officially documented by the relevant authorities.
Marriage should be based on equality and mutual respect.
2- What are the rules for couples in Saudi Arabia?
The marriage must be based on mutual consent and without coercion.
Women now have the right to consent to marriage without the need for a guardian’s approval.
Women have the right to request a divorce if they suffer physical or psychological harm.
Women are entitled to financial support (alimony) after divorce.
Marriage must comply with the principles of equality and respect between the spouses.
3- Is second marriage allowed in Saudi Arabia?
Second marriage is allowed under Islamic law.
If a Saudi man is already married to a Saudi woman and wants to marry a foreign woman, he must obtain the first wife’s consent before proceeding.
The marriage must comply with the legal and religious requirements set by Saudi authorities.
4- What is the marriage agreement in Saudi Arabia?
The marriage contract must be officially documented by the authorities.
The contract must not contain terms that limit a woman’s freedom (e.g., restrictions on working or travel).
The marriage agreement should ensure equal rights and mutual respect.
Both spouses must provide mutual consent without pressure or coercion.
The agreement guarantees that women have the right to financial support after divorce and to request a divorce in cases of harm.