Kuwait has enacted new legal measures mandating premarital preparation programs for couples before marriage contracts can be formalized, alongside expanded provisions allowing electronic and remote notarization of personal status matters. These changes, introduced through Decree-Law No. 122 of 2026, amend several parts of Law No. 10 of 2020 concerning notarization procedures with the intention of streamlining processes, improving coordination among governmental bodies, and enhancing the security and accuracy of official records.
Under the revised law, couples or their representatives may complete notarization by appearing before a notary in person, through an approved electronic system, or via video communication technologies authorized by the Ministry of Justice. Judges, government notaries, and authorized marriage officials are permitted to document personal status matters remotely within their jurisdictional scope. The executive regulations accompanying the law will detail the operational procedures.
The law also establishes mandatory coordination between government notaries and the Ministry of Commerce and Industry’s Commercial Registry unit to prevent duplicate notarizations of company-related contracts. This coordination covers a range of company documents, including incorporation contracts, amendments, dissolutions, liquidations, partner withdrawals, and transfer of shares or rights. Relevant authorities will have authorized access to necessary records in line with regulatory controls.
Notably, the amendments require all types of marriages, marital separations, reconciliations following divorce, and prohibited breastfeeding relationships to be documented per applicable laws. If formal documentation cannot be completed, the concerned parties must seek resolution through the judiciary. Furthermore, the Family Court’s registry will be electronically connected to the Documentation Department to enable automatic recording and notification of final judicial rulings on pertinent personal status issues.
A key provision of the new decree-law is the requirement that couples complete a premarital preparation program before their marriage contracts can be registered. The Ministry of Justice will determine the curriculum, duration, completion criteria, and overseeing body for these programs, while exemptions will be specified in the executive regulations. Judges, government notaries, and authorized marriage officials must verify program completion and record it in official registers. Officials who fail to enforce this requirement face penalties, including imprisonment for up to one year, fines up to KD 1,000, or both, in addition to any stricter sanctions prescribed by other laws.
The legislation also introduces requirements for divorce and khula cases, mandating that parties—except where exempted by law—first approach competent Family Dispute Settlement Centers and allow the legally mandated reconciliation period to elapse before official documentation can proceed. Proof of compliance is required with any application.
The decree-law preserves the validity of company contracts and related documents notarized under previous procedures. Meanwhile, the Ministry of Justice will continue processing applications for company contracts until the Commercial Registry Unit at the Ministry of Commerce and Industry becomes operational. The ministers of justice and commerce and industry will coordinate the transfer of responsibilities to ensure uninterrupted service.
The new provisions repeal conflicting sections of prior law, including Paragraph 3 of Article 5 of Law No. 10 of 2020, and will take effect following their official publication and implementation.
