How does divorce in Saudi Arabia work for residents and expats?
Divorce in Saudi Arabia is governed by the Personal Status Law (Royal Decree No. M/73 of 6/8/1443H), and it applies to Saudis and residents alike. A marriage ends in one of three main ways: talaq pronounced by the husband and then registered on Najiz within 15 days, khula at the wife’s request with the husband’s agreement, or judicial dissolution (faskh) ordered by the Personal Status Court.
Iddah, custody and maintenance follow the same rules for everyone. What changes for expats is the paperwork: a marriage contract issued abroad must be attested and translated, and the Saudi divorce deed may need attestation before your home country registers it.
You can book a consultation on WhatsApp with the team at Al-Safwa Law Firm for Advocacy and Legal Consultations to review your documents and explain your legal options clearly.
Table of Contents
Divorce in Saudi Arabia at a glance
In short: under the Saudi Personal Status Law, a husband ends the marriage by talaq and must register it with the Ministry of Justice within 15 days. A wife can end it by khula if the husband agrees to compensation, or ask the court to dissolve it for a legal reason such as harm, non-payment of maintenance, absence or a defect. Iddah and children’s rights follow every route.
Older expat guides still describe the rules from before 2022, for example custody ending at age 7 or 9. The figures in this guide come from the current law and the Ministry of Justice service pages, checked in November 2026.
The legal routes compared
Choosing the right route first saves time, because each one starts with a different service on Najiz or in court.
| Route | Who starts it | Other spouse’s consent | Where it is completed | Legal basis |
|---|---|---|---|---|
| Talaq (divorce by the husband) | Husband or his agent | Not required | Najiz: Notarize divorce | Articles 77–92 |
| Revocation (raj’ah) during iddah | Husband | Not required in a revocable divorce | Najiz: Notarize revocation of divorce | Articles 87–89 and 92 |
| Khula | Wife | Husband must agree to the compensation | Najiz: Notarize khul’, no court ruling needed | Articles 95–102 |
| Judicial dissolution (faskh) | Wife (or either spouse for a defect) | Not required | Personal Status Court, filed on Najiz | Articles 103–115 |
| Proof of a disputed divorce | Usually the wife | Not required | Personal Status Court | Articles 90 and 93 |
Talaq: divorce by the husband and its registration
Article 77 defines talaq as ending the marriage contract by the husband’s will, using words that mean divorce. It takes effect when spoken or written, or by a clear sign if the husband cannot speak or write (Article 79). He may also appoint an agent to pronounce it (Article 84).
Some divorces do not take effect at all. Article 80 lists, among other cases, a divorce made under duress, by someone not of sound mind, or in anger so strong that the husband cannot control what he says. A divorce repeated or stated as a number in one sitting counts as one divorce (Article 83).
Revocable and irrevocable divorce
A first or second divorce after consummation is revocable: the husband can take his wife back during iddah, and he cannot waive that right (Articles 86–87). A divorce before consummation or khalwa, and a third divorce, are irrevocable. If the husband takes his wife back, he must register the revocation within 15 days. If he does not and she remarries without knowing, the revocation is invalid (Article 92).
The 15-day registration duty
Article 90 obliges the husband to register the divorce with the competent authority within 15 days of the separation becoming final (baynunah). This does not stop the wife from filing her own claim to prove the divorce. If he fails to register it and she does not know about it, Article 91 gives her compensation of at least the minimum maintenance amount, counted from the date of the divorce until she learns of it. Our guide to proving a disputed or unregistered divorce covers those cases in detail.
Divorce procedure in Saudi Arabia on Najiz
When the divorce has already happened and nobody disputes it, the Ministry of Justice service Notarize divorce issues the official document for a recent or past divorce. Residents use it with their Iqama details. The steps listed by the Ministry are:
- Log in to Najiz with your National Single Sign-On (Nafath) account.
- Open “All Electronic Services” and choose the “Social Affairs” package.
- Select “Notarize divorce”, then “Use the service”, and choose the notarial office.
- Enter the details of the applicant, both spouses, the marriage contract, the divorce (before or after consummation, first, second or third) and the place where it happened, which can be a country outside the Kingdom.
- Upload the documents and submit. You receive the application number and date by SMS.
- Follow the request, answer any notes, and complete the authentication requested from the parties. Once the notary approves it, the divorce document is issued electronically.
Official fees and listed processing times
The table below is taken from the Ministry of Justice service pages and was checked on 4 November 2026. It may change, so check the official page before you apply. The listed time does not include time spent completing missing items.
| Najiz service | Government fee | Listed execution time | Official page |
|---|---|---|---|
| Notarize divorce | None (free) | 2 days | MOJ |
| Notarize khul’ | None (free) | 3 days | MOJ |
| Notarize revocation of divorce | None (free) | 3 days | MOJ |
| Notarize child custody | None (free) | 1 day | MOJ |
Translation and attestation of foreign documents are charged separately by the bodies that provide them. A contested case has no fixed duration: it depends on hearings, evidence, reconciliation and any financial or custody claims joined to it.
Khula: when the wife asks for divorce
Khula is a separation requested by the wife, with the husband’s consent, in return for compensation (Article 95). Once both competent spouses agree, it is valid without a court ruling (Article 96) and is registered on Najiz through the Notarize khul’ service (Article 102). It counts as a minor irrevocable divorce and is not counted among the three divorces (Article 97).
Anything of value can be the compensation, but the wife cannot give up the children’s rights as payment (Article 100). If the compensation is the mahr, only the part she actually received counts (Article 101). What happens to the mahr in each kind of separation is explained in our separate guide. The full khula procedure has its own article, and our khula lawyer service handles negotiation and registration.
Judicial dissolution (faskh) and reconciliation
When the husband will not divorce or accept khula, the wife can ask the Personal Status Court to dissolve the marriage on a ground set by the law. A court dissolution counts as a minor irrevocable divorce (Article 103). The main grounds are:
- A harmful or repulsive defect that prevents marital life, unless the other spouse knew of it and accepted it (Article 104).
- The husband’s failure to provide maintenance (Article 107).
- Proven harm that makes married life impossible (Article 108).
- Abstaining from marital relations for more than four months without a legitimate excuse (Article 113).
- Prolonged absence of the husband, whether his location is known or unknown (Articles 114–115). See our guide on a husband abandoning his wife.
Arbitration when harm is not proven
If harm is not proven and the court cannot reconcile the couple, each spouse names an arbitrator from their family, or the court appoints two. Their reconciliation attempt may not last more than 60 days from their appointment (Article 109). If it fails, they decide on separation with or without compensation, and any compensation paid by the wife may not exceed the mahr (Article 111). This is the usual answer when a wife asks whether she can divorce without her husband’s consent.
Reconciliation through Taradhi
In some cases, the Personal Status Court refers the file to a reconciliation session before it decides. The Ministry of Justice runs these sessions through its Taradhi platform and family reconciliation offices. A settlement there can also cover custody, visitation and maintenance. For annulment cases, see our marriage annulment lawyer page.
Iddah after divorce
Iddah is the waiting period during which the woman may not remarry (Article 116). It starts on the date of the divorce, khula or death. After a court ruling, it starts on the date of the ruling (Article 118). There is no iddah after a divorce before consummation or khalwa (Article 117).
| Situation | Length of iddah | Article |
|---|---|---|
| Divorced, khula or dissolution, menstruating woman | Three menstrual cycles | 121 |
| Divorced, not menstruating (has never menstruated, or after menopause) | Three months | 121 |
| Pregnant woman | Until she gives birth | 120 |
| Widow, even before consummation | Four months and ten days | 119 |
A woman in iddah after a revocable divorce is entitled to maintenance until it ends. After an irrevocable divorce she is not, unless she is pregnant, in which case maintenance lasts until birth (Article 53).
Custody after divorce
While the parents are married, custody is shared. After separation it goes first to the mother, then the father, then the maternal grandmother, then the paternal grandmother, but the court can depart from this order in the child’s interest (Article 127). Custody ends when the child turns 18, and at 15 the child may choose which parent to live with unless the child’s interest requires otherwise (Article 135).
A custodian can lose custody if the legal conditions stop being met, or by failing to claim it for more than a year without an excuse (Article 128). Custody is separate from guardianship, which usually stays with the father. If the parents agree, the mother can register custody on Najiz through Notarize child custody. Disputes go to court; our custody lawyer page explains that process.
Maintenance (nafaqa) basics
- Maintenance covers food, clothing, housing and basic needs (Article 45). It is set by the needs of the person supported and the means of the payer (Article 46).
- A father must support his children who have no means of their own, if he is able (Article 58).
- A maintenance amount fixed by judgment can be raised or reduced when circumstances change, but normally not within a year of the judgment (Article 48).
- A wife’s claim for past unpaid maintenance is not heard for more than two years before the claim is filed (Article 52).
Claims for maintenance, custody and visitation can be joined to the divorce case or filed after it. See our maintenance lawyer page.
Expat divorce in Saudi Arabia
For expat divorce in Saudi Arabia, the rules on talaq, khula, faskh, iddah and custody are the same as for Saudis. The differences are in jurisdiction and paperwork. Expats should confirm how divorce in Saudi Arabia is registered and how it will be recognised in their home country.
Documents to prepare
- The marriage contract number (Saudi contract) or the foreign marriage certificate.
- National ID or Iqama of both spouses, and passports where needed.
- Children’s details if custody or maintenance is involved.
- A valid power of attorney if an agent applies.
- For documents issued outside the Kingdom: certification by the Ministries of Justice and Foreign Affairs, as the Notarize divorce page requires, and a certified Arabic translation.
- For a wife’s claim: evidence of harm, absence or non-payment of maintenance.
Couples married abroad
A marriage registered abroad can be documented in the Kingdom through the Najiz service Notarize previous marriage. You can also notarize the divorce directly by entering the foreign contract and attaching the attested documents. Many expats also contact their embassy or consulate first to learn what it needs to register a Saudi divorce. Some embassies, such as Egypt’s in Riyadh and its consulate in Jeddah, also issue a divorce power of attorney, which is then used to complete the divorce in the home country under its own law.
When the husband has left the Kingdom
Article 27 of the Law of Procedure before Sharia Courts (Royal Decree No. M/1 of 22/1/1435H) lets Saudi courts hear a divorce or annulment case brought by a wife living in the Kingdom against a non-Saudi Muslim husband who has no residence here, if he used to live in the Kingdom and then abandoned her and moved abroad, or was deported (MOJ English text).
Recognising a divorce from both sides
- A Saudi divorce used abroad: obtain the electronic divorce document, have it attested by the Saudi Ministry of Foreign Affairs, translate it, and submit it to your embassy or home authority.
- A foreign divorce used in Saudi Arabia: to update your marital status here, register it through Notarize divorce with the place of the event set to the foreign country and the documents attested. A foreign court judgment that must be enforced, such as one ordering maintenance, goes to the Enforcement Court, which checks conditions such as reciprocity and public order first.
Expat spouses whose Iqama depends on the other spouse should check their residence status soon after the divorce, especially when children live with them.
Common reasons divorce requests are delayed or rejected
- Choosing the wrong service, for example Notarize divorce when the facts are disputed and a court claim to prove the divorce is needed.
- Missing data or attachments, or a party who does not complete the authentication step.
- Foreign documents that are not attested by both ministries or not translated into Arabic.
- Ignoring notes sent on the request or missing a reconciliation session.
- Mixing the divorce itself with related claims (maintenance, custody, visitation) that need their own requests.
- Late registration, which can lead to a compensation claim under Article 91.
Contested cases, from writing the statement of claim to the hearings, are covered in our step-by-step guide. If you need representation, see our divorce lawyer service.
Frequently Asked Questions about divorce in Saudi Arabia
Next steps
Divorce in Saudi Arabia starts with identifying the right route: registering a talaq, notarizing a khula, or asking the court for dissolution. Iddah, custody and maintenance follow from that choice, and expats should prepare attested, translated documents before they apply.
If your case involves a foreign marriage, children or financial claims, a lawyer can review the file before you submit anything on Najiz.
To get a legal consultation from our team, contact us via the WhatsApp button at the bottom of the screen.
Read also:
Sources:
- Personal Status Law, Royal Decree No. M/73 of 6/8/1443H – Bureau of Experts at the Council of Ministers
- Law of Procedure before Sharia Courts, Royal Decree No. M/1 of 22/1/1435H – Ministry of Justice (English translation)
- Notarize divorce – Ministry of Justice (checked 4 November 2026)
- Notarize Khul’ (Wife-Initiated Divorce) – Ministry of Justice
- Notarize Revocation of Divorce – Ministry of Justice
- Notarize child custody – Ministry of Justice
- Notarize previous marriage – Ministry of Justice
- Taradhi reconciliation platform – Ministry of Justice
- Najiz platform
A legal advisor holding a Bachelor’s degree in Law from the prestigious Cairo University. He possesses extensive experience spanning over 25 years in criminal, civil, and family law, during which he has achieved notable accomplishments that have solidified his reputation as a valuable asset to any legal team
