KUWAIT CITY, Sept 6: Kuwait’s Family Affairs and Personal Status Laws Review Committee has completed draft amendments to Personal Status Law No. 51 of 1984, addressing key family and social issues, the committee said on Friday.

The draft, now submitted to 13 government agencies for their opinions, covers alimony and its controls, marriage consent, dowry, divorce by khul’, child custody, visitation rights, and overnight stays.

The draft stipulates that a woman’s marriage without her permission is invalid and requires her explicit approval. If she consents, she may include specific conditions in the marriage contract.

Alimony provisions are clarified with controls based on need, cost of living, financial status of the payer, time, place, customs, state services, and available assistance, as regulated by executive regulations.

Khul’, a form of divorce initiated by the wife, is reclassified as a dissolution rather than a divorce and does not reduce the total number of divorces. The draft allows a wife to request annulment of the marriage before consummation or seclusion if she has returned the dowry and marriage expenses, and reconciliation is impossible. It also permits annulment if the husband fails to pay the current dowry before consummation.

Regarding maintenance during the waiting period, it applies only to women following a revocable divorce or pregnant women during the waiting period after an irrevocable divorce, annulment, or invalid marriage. Widows have the right to reside in the marital home during this period.

Custody is established for children under 18 years old, regardless of gender or mental capacity, and is shared by both parents while married. After separation, custody priority goes first to the mother, then the father, paternal grandmother, maternal grandmother, and finally to the court’s discretion. The court may transfer custody to the father when the child reaches 12 years old.

The mother must retain custody of children under two years old, even if she remarries someone who is not a mahram (unrelated male guardian) or differs in religion from the child.

Visitation rights, including overnight stays, are reserved for parents, grandparents, children, and grandchildren of the child in custody. If one parent is deceased or absent, or if the child is with someone other than the parents, the court may appoint close relatives for visitation.

The draft law establishes custody during marriage with both parents and, after separation, follows the order: mother, father, father’s mother, then mother’s mother.

Previously, the father’s custody rank was seventh under existing law, which assigned custody in this order: mother, maternal grandmother, maternal aunts, paternal grandmother, father, siblings, paternal aunts, nieces, and others.

The amendments are currently under review by relevant authorities before submission to parliament.