Personal Status Law: maintenance, its assessment and change (official Arabic text)
- Published by:
- Ministry of Justice (Legal Portal)
Personal Status and Inheritance
Family Lawyer in Dammam Personal Status and Family
Personal status matters touch family life directly. The people involved need a clear picture of their rights and obligations before any step, whether the route is a documented agreement or a claim before the court.
Situations where this may apply
- You need to claim maintenance, or to ask for a maintenance amount to be changed after judgment.
- You disagree over custody or visitation arrangements after a separation.
- You want to document a divorce or khula, or to know the legal route when there is no agreement.
Legal framework
These matters are governed by the Personal Status Law issued under Royal Decree No. M/73 dated 6/8/1443H. Relevant provisions include:
- Maintenance covers food, clothing, housing and basic needs according to custom. Its amount reflects the recipient's needs and the payer's means, and it may be increased or reduced when circumstances change. Articles 45, 46 and 48
- A husband must document a divorce with the competent authority within fifteen days of the divorce becoming irrevocable, which for a revocable divorce is when the waiting period (iddah) ends; the wife may also bring a claim to prove the divorce. A khula agreed by spouses with full legal capacity is valid without a court judgment, and it must be documented. Articles 90, 95, 96, 100 and 102
- When parents separate, custody goes to the mother, then the father, then the maternal grandmother, then the paternal grandmother, provided the custodian meets the statutory conditions. The court may depart from this order in the child's interest. Custody ends when the child turns eighteen, unless the child is mentally incapacitated or disabled by illness, in which case it continues. Articles 125, 126, 127 and 135
- If the child is in one parent's custody, the other parent may visit, host and accompany the child as the parents agree. If they disagree, the court decides. Article 134
- Personal status courts hear all personal status matters, including proof of marriage, divorce, khula, judicial dissolution of marriage (faskh), custody, maintenance and visitation, and the claims arising from them. Article 33
Common types of matters
- Maintenance claims for a wife and children, and requests to increase or reduce maintenance.
- Custody claims and visitation arrangements.
- Documenting divorce and khula, and claims for judicial dissolution of marriage (faskh).
- Matters concerning a child's travel outside the Kingdom.
How a matter may proceed
- A claim is filed online through the Najiz platform, and personal status courts hear personal status matters.
- An agreed khula can be documented online through the khula documentation service on Najiz.
- Where the parents do not agree on custody or visitation, the court decides with the child's interest in mind.
Key considerations
- A claim to increase or reduce maintenance is not heard within one year of the maintenance judgment, except in exceptional circumstances the court assesses.
- The compensation for a khula may not be the waiver of any of the children's rights or of their custody.
- At fifteen, a child may choose which parent to live with, unless the child's interest requires otherwise.
- Periods and ages under the Personal Status Law are counted in Hijri years.
Documents typically needed
- National ID or iqama, and the other party's identity details if known.
- The marriage contract, and any divorce, khula or revocation document.
- The children's birth certificates or the family register.
- Any earlier judgment or agreement on maintenance, custody or visitation, and evidence of income or expenses where maintenance is disputed.
Frequently asked questions
A khula agreed between spouses with full legal capacity is valid without a court judgment, but it must be documented. Documentation can be requested online through Najiz. A khula requires the husband's consent; without it, the wife may ask the personal status court for judicial dissolution of the marriage on the grounds the law sets.
An increase or a reduction may be requested when circumstances change. Such a claim is not heard within one year of the maintenance judgment, except in exceptional circumstances that the court assesses.
Personal status courts hear all personal status matters, including proof of marriage, divorce, khula, judicial dissolution of marriage (faskh), custody, maintenance and visitation, and the claims arising from them.
Yes. A claim is filed online through the Najiz platform, and personal status courts hear it. An agreed khula can also be documented online through the khula documentation service on Najiz.
A divorce must be documented by the husband with the competent authority, a khula agreed by spouses with full legal capacity is valid without a court judgment, and a judicial dissolution of marriage is heard by the personal status court. The divorce must be documented within fifteen days of it becoming irrevocable, and a khula must also be documented. If the husband does not consent to a khula, the wife may ask the court to dissolve the marriage on the grounds the law sets.
Custody goes to the mother, then the father, then the maternal grandmother, then the paternal grandmother, provided the custodian meets the statutory conditions. The court may depart from this order in the child's interest, and it is the court that decides custody where the parents do not agree.
Custody ends when the child turns eighteen, unless the child is mentally incapacitated or disabled by illness, in which case it continues. At fifteen, a child may choose which parent to live with unless the child's interest requires otherwise, and ages under the Personal Status Law are counted in Hijri years.
They typically include the national ID or iqama, the other party's identity details if known, the marriage contract and any divorce, khula or revocation document, and the children's birth certificates or the family register. They also include any earlier judgment or agreement on maintenance, custody or visitation, and evidence of income or expenses where maintenance is disputed.
Official references
The legal texts and official publications this content relies on.
Articles 45, 46 and 48
Personal Status Law: documenting divorce and khula, and khula compensation (official Arabic text)
- Published by:
- Ministry of Justice (Legal Portal)
Personal Status Law: custodian conditions, order and end of custody (official Arabic text)
- Published by:
- Ministry of Justice (Legal Portal)
Personal Status Law: visitation (official Arabic text)
- Published by:
- Ministry of Justice (Legal Portal)
Law of Civil Procedure: jurisdiction of personal status courts
- Published by:
- Ministry of Investment
This is general information based on the cited laws when this page was prepared. It may change, and it is not legal advice on a specific case.
Related guides
Guide
Child Custody in Saudi Arabia: Who Has Custody After Divorce and When It Ends
Under the Personal Status Law, custody means protecting a person who cannot manage on their own from harm, raising them and looking after their interests, including education and medical treatment. It is a duty of both parents while the marriage lasts, and if they separate, custody follows an order set by the Law.
Guide
Khula in Saudi Arabia: Conditions, Compensation, Effect and Documentation
Khula is a separation between spouses at the wife's request and with the husband's consent, in return for compensation paid by the wife or someone else. It is valid by the agreement of spouses with full legal capacity without a court judgment, and it must be documented.