أسئلة القاضي عند الطلاق , مما لا شك فيه أن هذا الموضوع من أهم وأفضل الموضوعات التي يمكن أن أتحدث عنها اليوم، حيث أنه موضوع شيق ويتناول نقاط حيوية، تخص كل فرد في المجتمع، وأتمنى من الله عز وجل أن يوفقني في عرض جميع النقاط والعناصر التي تتعلق بهذا الموضوع.
The judge’s questions on divorce are one of the important questions that many women who want to file a divorce claim against the husband in the Kingdom of Saudi Arabia are interested in knowing. The Saudi government allows the possibility of filing a divorce case in the Saudi Sharia court. The judge’s questions are one of the procedures that must take place to complete the divorce proceedings. Through the reference website, we will explain to you the questions of the judge upon divorce, as well as talk about how to file a divorce case in the Sharia court, and all relevant important information.
The new divorce system in Saudi Arabia 1443
The Saudi Minister of Justice announced the details of the new divorce system in the Kingdom of Saudi Arabia, which guarantees the rights of both spouses and children. In the event that the spouses do not agree to return, then a reconciler is resorted to for maintenance and custody, and if agreement is reached, a deed of divorce is issued for alimony and custody within a maximum period of one month. But in the event of disagreement between the spouses on alimony and custody, they are referred to the Personal Status Court, to consider the case, and it is worth noting that the man will not be able to divorce his wife unless in the presence of the judge, and the divorce deed will not be issued until after deciding on matters of custody, alimony and visiting children by both parties. This new law was issued to limit divorce and not tolerate husbands divorcing their wives, as well as the possibility of reconciliation between spouses before the divorce ruling is decided by the judge.[1]
New divorce procedures in Saudi Arabia 1443
The Sharia Court in the Kingdom of Saudi Arabia approved the new divorce procedures, which are as follows:
- The spouses who wish to separate are referred to the reconciliation center to try to reconcile them, especially if there are children.
- in the event of non-conciliation; It requires agreement on matters of alimony, custody and visitation of children among themselves.
- A divorce deed is issued, if agreed between the spouses, is notarized, and referred to the execution court.
- In the event of disagreement, the spouses will be referred to the Personal Status Court to decide the case within a maximum period of one month.
- If the husband refrains from attending the court to prove the divorce after being notified by the court, the court will summon him by force.
- In the event of evidence of subjugation of the wife; The case will be referred to the competent authorities in order to file a criminal case and cause damage to it due to the delay in proving the divorce.
- If the conditions for divorce are met in the new Saudi Court 1443. The judge issues the divorce ruling.
Conditions of divorce in the new Saudi Court 1443
The Ministry of Justice in the Kingdom stipulated many conditions according to the new divorce system, for the divorce to take place in the correct form.
- Husband beating wife
- Abandonment of the husband by the wife
- Husband’s long-term travel
- Husband not spending on wife
- Infection of the husband with a contagious disease that could harm the wife.
- A husband’s betrayal of his wife.
- The husband has any disease that prevents him from practicing the marital relationship with his wife.
- There is a defect in the husband.
- If the husband does not provide housing for the wife and children.
- The husband’s imprisonment for more than three years, after filing an invitation after a full year has passed.
- Marrying another woman without the knowledge of his wife: It is not permissible for a woman to ask for a divorce on the grounds of harm, unless one of the conditions of the marriage contract is that he not marry another woman. In this case, she has the right to ask for a divorce on the grounds of harm if her husband marries another woman. But if it is not mentioned in the marriage contract, she has no right to file a lawsuit.
Read also: The method of electronic divorce in Saudi Arabia and obtaining the deed of divorce 1443
Judge’s Questions When Divorce
The judge directs many questions to the spouses before completing the divorce, and the most prominent of these questions are:
- What are the reasons for divorce?
- Does the husband provide the appropriate housing for the wife and children?
- Has the wife been subjected to psychological or physical harm?
- Has one of the spouses gone crazy?
- Is the husband absent from the wife without justification?
- Is the husband’s absence for a long time?
- Is the reason for divorce ten bad?
- Is there a way to resolve the dispute, or divorce is better?
- Does the husband spend?
File a divorce case
The Sharia court has made it possible for a woman to divorce her husband by filing a divorce case in the court, provided that permission is requested from the court to testify before two justices appointed for this in the sphere of influence of the court close to the marital home or the wife’s country or place of residence. Filing a divorce case with the Sharia court requires a number of things to be implemented, namely:
- The presence of a specialized lawyer who submits all the required papers and submits the claim statement to consider the divorce case,
- Both husband and wife are present to testify before the judge.
- The wife talked about the number of years of marriage and how many children she had from the husband.
- Clarify the reasons for her desire to divorce.
How to file a divorce case in the Saudi Sharia Court 1443
You can file a divorce lawsuit electronically through the Ministry of Justice website as follows:[2]
- Enter the Ministry of Justice website “from here”.
- Click on e-services.
- Choosing to submit an application to the FINAL Chambers.
- sign in.
- Choose the type of service, which is proof of divorce.
- Write the required data for the spouse such as:
- Identification Number.
- date of birth.
- Click on the add button.
- Write the husband’s information, namely:
- Is there a relationship between the spouses.
- Are there children?
- Spouse career writing.
- How many wives does the husband have?
- How often do you get divorced?
- Indicate the educational level of the spouse.
- Enter (city – region – type of residence).
- Write the required wife data such as:
- Identification Number.
- date of birth.
- Click on the Verify button.
- Choose the number of times to marry.
- Choose how often to divorce.
- The wife’s educational level.
- wife’s profession.
- Enter (city – region).
- Add all the details of the marriage contract such as:
- Marriage contract number.
- Marriage Hijri and Gregorian date.
- Bring the family record in case the marriage contract is not available.
- Enter the date of ratification of the marriage.
- Add witnesses and their data such as:
- Identification Number.
- identity type.
- date of birth.
- Press the Next button.
- Choose the Save button.
- The data entered will be reviewed in order to submit the application.
- The system will display the application number and court date.
- The application number is printed for submission to the court on the scheduled date.
How to obtain an electronic divorce certificate
The divorce deed is a document handed over to the woman by which she can apply to the Civil Status to obtain a family record for herself and her children without the need to file a lawsuit against her ex-husband, and she can obtain an electronic divorce deed as shown in the steps below:
- Enter the official website of the Ministry of Justice “from here”.
- Click on e-services.
- Submitting a request to the final circuits.
- Click on Proof of Divorce.
- Pressure on the Personal Status Court.
- Record the required data in the claim statement.
- Click to print the newspaper.
- A text message will be sent to the applicant’s mobile number if the application is ready.
- Go to the court’s headquarters to extract the divorce deed on its due date, and review it before receiving it.
Read also: Inquiry about a judgment deed with the deed number and ID number through the Najis portal
How to obtain a revocable divorce deed
The Revocable Divorce Deed is an instrument issued by the Status Court to prove the husband’s review of his wife after a revocable divorce. The husband and wife must submit a request to prove the reversal in court if they wish to return, and they can do so through the steps shown below:
- Enter the official website of the Ministry of Justice “from here”.
- Click on e-services.
- Click on court services.
- Click on Return Verification Service.
- Court selection.
- Enter the applicant’s data and the parties’ data.
- Attach all required documents.
- Submission of the application.
How long does a divorce deed take?
The final circuits in the Kingdom of Saudi Arabia clarified that it is not possible to specify a specific period for issuing the divorce deed, but that the term of the divorce deed may reach one month at most from the date of the start of the procedures. It is worth noting that the period of issuance of the deed differs from one case to another depending on the status of the spouses; If the spouses agree on matters related to divorce, such as alimony, custody, etc., the divorce deed is issued in a short period of time, maximum one month, but if they disagree, the period of issuance of the deed is prolonged.[3]
Divorce Claim Form
Below we will provide you with a template and format for proof of divorce case:
Date: ……
Corresponding to: ….…
before a court…
in between
The plaintiff’s full name…., her job…. Or her profession…., her place of residence…., her civil record….
// against //
The defendant’s full name…, and his profession… and his place of residence. …
Subject: The heart of proof of divorce
Your Eminence, the President of the Court…
Peace, mercy and blessings of God Almighty
I submit to your honor a request to register a case against the defendant for the following:
In the history of ..…. Issued by the Sharia Ma’zoun…..a district official… He entered me at that time.
Accordingly, I ask you to order this divorce case to be registered and to rule for me to prove my divorce and to give me a deed to do so.
May Allah reward you with the best reward
Peace be upon you and the mercy of God be upon you
an introduction
The name: …
Address: …..
Civil Registry: …..
Signature: ….
Attachments: A copy of the marriage contract
The costs of filing a divorce case in Saudi Arabia
The costs of annulment of marriage or divorce for damages were estimated between five thousand to ten thousand Saudi riyals. There is a big difference between fees and expenses: the fee is the fee that the lawyer takes for the case and is agreed upon by the client and the lawyer. As for the expenses, what the lawyer pays from his own money to complete the lawsuit procedures, and usually the lawyer takes a provider of expenses to start the procedures for filing the lawsuit.
What are the rights of the wife after the occurrence of divorce?
The wife retains all her financial rights in full, which are:
- Delayed dowry: previously written and confirmed in the marriage contract.
- Pleasure expense: It is an expense estimated for twenty-four months of the monthly alimony.
- Maintenance of the waiting period: It is imposed for a period of three months of the monthly maintenance.
The rights of the wife after divorce in the presence of children
If there are children, the divorced woman obtains other rights due to the husband, including:
- The rent for the nursery must be secured, with a certain amount of money paid to the nursery.
- Breastfeeding fee is paid if she is breastfeeding.
- Child support payment.
- Paying the expenses for the treatment of children.
- Pay the expenses of children’s education, clothing and food.
Read also: How to file a divorce case in the Saudi Sharia Court 1443
How much is the wife’s maintenance per month?
The alimony of the wife varies according to the type of divorce in effect, and the alimony is determined according to the following:
- Referential divorce: the wife’s maintenance continues until the end of the waiting period, and includes food, housing, and clothing, and taking care of the wife while she is pregnant or not.
- False divorce: An irrevocable divorce varies in the case of whether the wife is pregnant or not:
- The alimony of the pregnant woman is fixed until delivery.
- As for alimony for a non-pregnant wife, religious scholars differed over it, so it is not permissible for a pregnant woman to alimony, citing the honorable hadith: The Messenger of God, peace and blessings be upon him, said, “By God, you have no alimony unless you are pregnant.”[4]
Reasons for rejecting the divorce case
A divorce case is rejected for the following reasons:
- That the claim is weak and not supported by evidence.
- The absence of witnesses.
- If the wife is absent from court sessions.
Divorce in the new Civil Status Law
Some amendments have been made to the Civil Status Law in the Kingdom of Saudi Arabia with regard to divorce, with the aim of reducing the divorce rate that has recently spread in the Kingdom of Saudi Arabia. The following will explain to you the most important points related to divorce in the Civil Status Law:[5]
- Divorce does not take place except in the case of a breach of the oath of divorce or forbidden unless the husband intended by it the meaning of divorce.
- Repeated divorce paired with the number, either verbally, by reference, or by repetition in a council; It only falls as a single shot.
- The husband can delegate someone else to divorce, whether the client is male or female.
- The husband must document the divorce at the competent authority for a period not exceeding 15 days.
- The husband does not have the right to prevent the wife from her right to file a lawsuit to prove divorce, and her words in the lawsuit are not accepted except with evidence.
In conclusion, we have clarified the judge’s questions upon divorce, as we reviewed with you the new divorce system in Saudi Arabia 1443, and the new divorce procedures in Saudi Arabia 1443, and we also clarified the conditions and procedures for divorce in the new Saudi Court 1443, and we moved to clarify the way to file a divorce case in the Saudi Sharia Court 1443, and we touched upon By saying, let’s talk about the rights of the wife after the occurrence of divorce, and her rights in the presence of children, as we have listed the most important articles of divorce that have been amended in the new Personal Status Law.
خاتمة لموضوعنا أسئلة القاضي عند الطلاق ,وفي نهاية الموضوع، أتمنى من الله تعالى أن أكون قد استطعت توضيح كافة الجوانب التي تتعلق بهذا الموضوع، وأن أكون قدمت معلومات مفيدة وقيمة.