إسأل Lawyer الآن
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Hi
الرد من العميل
How will I get the answer
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Thanks for joining and trusting us, much appreciated!
We would like to inform you that according to the Kuwaiti Personal Status Law, it is the applicable law with your residence in Kuwait. In this case, you can file a divorce claim for absenteeism or loss or a non-spending case. The lawsuit can be filed at the place of residence of the husband. In the place of residence for you through going to court and prove the absence of the husband from you and not spending where the Kuwaiti Personal Status Law No. (51) for the year (1984) possible to go to the court and filed a divorce lawsuit on the husband for the damage actually you note that the divorce proceedings It takes a long time to decide on it by giving away the opportunity for couples to reform and reconcile them. Here are the procedures in accordance with the provisions of the law.
Article 126
Each of the spouses before or after entering, may ask for separation, because of the damage of the other in word or deed, so as not to be able to last ten between them.
Article 127
The court shall do its best to reform the spouses. If it is not possible, it shall appoint two judgments to reconcile or differentiate.
Article 128
It is stipulated in the two judgments that they should be fair spouses of the spouses if possible, otherwise it is others who have good understanding and the ability to reform.
Article 129
The two rulers must know the causes of discord and make every effort to reform the spouses in any way possible.
Article 130
If the two rulers are unable to reform:
- It turned out that the offense was all of the husband, and the wife was a student to disperse suggested the two judgments differentiate, and bind all the rights of marriage and divorce.
If the husband was a student to disperse, the two judges suggested rejecting his claim.
- Although the abuse is all of the wife, and proposed to differentiate between the spouses, in return for the return of the dowry, and the fall of all financial rights resulting from marriage and divorce.
- If the abuse is common, they proposed to differentiate without compensation or mosquitoes commensurate with the abuse.
- If the offender did not know of the spouses, if the applicant to differentiate is the husband proposed to reject his claim, and if the wife is the student, or if each of them requests to differentiate, the two rulers suggested differentiation without compensation.
- Differentiation of damage falls dirty shot.
Article 131
(A) The two judgments shall submit to the Court their detailed report. The judge may rule thereon, if he agrees with the provisions of the preceding Article.
- If the two judgments differ, the court includes a third, likely non-spouses, capable of reform.
Article 132
(A) The three arbitrators shall submit their report by agreement, or by majority, to the court, to decide the case, in accordance with Article 130.
- If their opinions are dispersed, or they do not submit a report, the court shall proceed in the proceedings by ordinary procedures.
Article 133
The damage is proved by the testimony of two men, or one man and two women.
Article 134
It is sufficient to prove the damage to the certificate of tolerance based on fame within the spouses life, and this certificate is not accepted to deny the damage.
Article 135
The testimony of the relative, and those associated with the witness, shall be accepted when they qualify.
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Kind Regards,
الرد من العميل
Thank you very muchLike I said, I am in Syria and he is in GCC( Kuwait) just moved from London ( getting his residency in Kuwait).The engagement and marriage contract was in mid JulyBy the way : no intimate relation at all, I only met with my family in Lebanon last month.So my question is how I can proceed with divorce and I am not in Kuwait.Like they stopped communicating with me for one month.Waiting for your reply.
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Welcome again!
We would like to inform you that the applied law is the Residence Law, as we mentioned before the divorce procedures and you can hire a lawyer where the husband resides to handle the procedures.
Also the law allows you to file the divorce where you reside and the reason of divorce shall be the damage that happened to you due to the absence of your husband.
Kind Regards,
الرد من العميل
Thank youDo you recommend to commence divorce process in Kuwait or in UK ( being he is British) and he has properties and he lived over 25 years in UK
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Welcome again!
It is better to raise the lawsuit in the place of residence of the husband for the purposes of requesting the execution of the ruling, although the law does not prevent the establishment of the lawsuit in your current place of residence in Kuwait and in general the purpose is the same as you seek divorce and end the marital relationship.
Accept our respect and appreciation.
Kind Regards,
إسأل Lawyer
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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