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A divorce legal professional in Jeddah from the elite workplace / divorce instances - annulment of the marriage contract

Khula: It is the explicit and direct agreement between the spouses to terminate the married existence without the want for a courtroom ruling, however it requires that the spouses be thoroughly qualified in accordance with Article 96 of the Saudi Personal Status System, and then documentation with the Personal Status Court.

Annulment of the marriage contract: It is the divorce that takes region by a judge’s ruling after the spouse documents a lawsuit in this regard before the Personal Status Court. The wife explains the compelling motives that compelled her to request the annulment of the marriage contract. The judgment is issued and the wife maintains her dowry. It need to be noted right here that in the event of divorce besides compensation, the provisions of divorce will apply to him, as stipulated in Article Ninety Nine of the Personal Status Law.

On the other hand, according to the fee of the allowance in khul’ or not, we can divide khul’ into:

In fact, the issue of khul’ is considered one of the most serious troubles in the division between husbands, as it influences the rights of the wife, as the foundation for khul’ is that the wife will pay the husband a monetary compensation in exchange for her divorce, which is usually her dowry, and if you need a divorce attorney in Jeddah, the Office of Khula’ Al Safwa Advocates and Legal Consultants provides you with this and helps you in acquiring your integral rights. Get in touch with.

The function of the legal professional in the divorce case

  • The felony career is no longer as it used to be in the past, a common profession that includes all legal specializations. The comprehensive attorney no longer exists because of the complexity of laws and the giant wide variety and diversity of cases.
  • Now, multiple distinct legal guidelines that cannot be counted have appeared, and new approaches have emerged according to them, such as the records crime system, the drug manage system, the industrial court docket system, the business paper system, etc.
  • Accordingly, it was once fundamental for lawyers to turn in the direction of specialization, alternatively they went beyond specialization. If the forte of a private popularity attorney is regarded to be specific to prison matters, however, with the development it has become nearer to generality, and multiple specializations have appeared within it, specially the divorce lawyer.

And the divorce legal professional by way of definition:

  • He is the attorney specialised in divorce instances between spouses, and he has sizeable understanding and trip in the Saudi personal status system and the Saudi felony pleading system.
  • The divorce legal professional has a ideal ability to legally formulate the whole thing associated to divorce matters, whether or not it is in the drafting of the divorce settlement between the spouses, or in the drafting of the case file to file the divorce case earlier than the court.
  • And if you are searching for a divorce lawyer in Jeddah, we will information you to Al-Safwa Law Firm and Legal Consultation, it has attorneys who specialize in divorce cases, and they are capable to take your hand as a wife toward acquiring your rights to the fullest.

Does a choose have the proper to refuse a divorce?

  • As a wife, you desire to request khul’ because of the impossibility of marital lifestyles with your husband, as a result of private differences, inequality in notion and social level, or because of his ill-treatment or illness, or any different cause for separation between spouses.
  • And you ask your husband for a divorce, and he refuses, then you go to ask for khul’ on the situation that you pay him a specific financial allowance, such as waiving the dowry, or any different fabric allowance, however he also refuses.
  • Here, we endorse you to appoint a divorce attorney in Jeddah, who is in a position to draft the lawsuit and consist of the motives for the divorce in the correct prison shape so that the total notion reaches the decide and he has the same opinion to the divorce request, and a divorce attorney in Jeddah, Saudi Arabia is in a position to draft all the answer memoranda and reply to all the defenses he affords Your spouse, or his lawyer in the lawsuit.

But it can also happen that the judge rejects the request for khul’, and here the question arises: Why does the judge refuse khul’?

Why does the choose refuse to divorce?

The reply is the following:

  • The choose can also refuse khul’ due to the fact its motives are flimsy and unconvincing, such as the spouse claiming that her husband is abusing her, but it is clear from the investigation carried out by way of the choose that this is no longer true.
  • The motives for khul’ can also only be malicious and do no longer mirror the wife’s awareness, such as the spouse asking for khul’ virtually because her husband leaves the residence daily and does now not return till a late hour. On the border to protect the homeland.
  • The wife may additionally be claiming a divorce case due to the fact of discord, or because of illness, and at the same time she asks for divorce. Here the choose rejects the divorce suit and leaves the continuity for the different go well with due to the fact it preserves the rights of the wife from the divorce go well with in which the spouse need to supply up some of her rights.

Wife's rights after divorce

The rights of the spouse after khul’ do now not differ, whether the khul’ was once consensual or judicial, and the spouse  now not forget about those rights in order to break out from the depressing married life.

First - the rights of a wife who is forfeited with the aid of khul’, which are:

The ultimate dowry, whether it is accelerated and deferred, or solely deferred, and here solely those who have received it are recovered, and those not obtained from it are forfeited, in accordance with Article one zero one of the Saudi Personal Status Law.

The proper to the maintenance of the waiting length after the divorce, due to the fact the divorce requires several, however it is now not counted from the number of divorces, as its waiting length is without delay regarded a number of clear divorce, a minor divorce. «Consult an alimony legal professional for extra details»

The right to alimony, which is the case of divorce before consummation, analogous to divorce earlier than consummation, where she is entitled to half of of the named dowry or half of of the dowry of the equal in case of non-naming, as stipulated in Article forty of the Saudi Personal Status Law, and in this case the wife have to return the money acquired from Pleasure rate only, but the unreceived is forfeited.