Appointing a Divorce Lawyer in Kuwait

A spouse may wish to appoint a lawyer to handle divorce procedures, only to discover that a general power of attorney is not sufficient for the lawyer to carry out the divorce on their behalf. The Kuwaiti Ministry of Justice states that divorce through an agent requires a special power of attorney. It is therefore important to understand the required type of power of attorney and the powers it grants before beginning the procedures.

In this article, we explain in detail how to appoint a divorce lawyer in Kuwait, the type of power of attorney required, the information and powers that should be specified, the necessary documents, and the steps for issuing the power of attorney and commencing the procedures.

Does Divorce in Kuwait Require Appointing a Lawyer?

Not every divorce-related procedure in Kuwait requires the appointment of a lawyer from the outset. A distinction must be made between a person handling the procedure personally, an agent appearing on their behalf, and a judicial dispute that requires proceedings before the Family Court.

This can be explained in practical terms as follows:

• Divorce procedure carried out by the husband: The Ministry of Justice’s published procedures concerning divorce before the Sharia Authentication Department provide for the attendance of the husband or an agent acting on his behalf, subject to the specified documents and procedural requirements.
• Attendance of an agent for the divorce procedure: If another person will carry out the divorce on behalf of the husband, the Ministry of Justice requires a special power of attorney for divorce when the agent attends the relevant procedures. It should not be assumed that a general power of attorney alone is sufficient for this purpose.
• A dispute before the Family Court: The situation differs when the matter is not merely the authentication of a divorce but involves a lawsuit or family dispute. Law No. 12 of 2015 Promulgating the Family Court Law regulates Family Courts and their jurisdiction over family disputes falling within its scope. Article 1 of the accompanying law provides for the establishment of a Family Court in each governorate.
• Filing certain family lawsuits: The Ministry of Justice’s published procedures for certain family cases indicate a requirement for a statement of claim signed by a lawyer, together with the documents specified for the procedure, including a copy of the identification document or power of attorney, as applicable.

Therefore, the first step before appointing a divorce lawyer in Kuwait is not to issue the power of attorney immediately, but rather to determine the nature of the required legal route: Is the objective to complete and authenticate the divorce procedures, or is there a family dispute requiring the filing of a lawsuit and judicial proceedings? The answer determines the type of procedure, the scope of the power of attorney, the required documents, and the role the lawyer will undertake.

What Type of Power of Attorney Is Required for a Divorce Lawyer in Kuwait?

If the lawyer will carry out the divorce on behalf of the client, a special power of attorney for divorce is required, and a general power of attorney is not sufficient for this purpose. The Kuwaiti Ministry of Justice states that marriage or divorce conducted through an agent requires a special power of attorney.

The importance of clearly specifying the agent’s powers is also reflected in judicial principles published by the Ministry of Justice. The Court of Cassation, in Appeal No. 600/2004 Personal Status, session dated 22 April 2007, did not recognize a divorce pronounced by an agent whose power of attorney did not include the authority to pronounce divorce.

Therefore, when appointing a divorce lawyer in Kuwait, it is necessary to ensure that the power of attorney clearly includes the required authority, while distinguishing between the official power of attorney, which defines the lawyer’s powers, and the fee agreement, which governs the scope of professional services and the agreed legal fees.

What Information and Powers Should Be Specified in a Divorce Lawyer’s Power of Attorney?

There is no single wording that should be copied for every divorce case; the agent’s powers should correspond to the procedure that the principal wants the agent to carry out on their behalf.

In its guidance, the Ministry of Justice emphasizes the need for precision in a special power of attorney when specifying the authorized act. It also confirms that marriage and divorce require a special power of attorney rather than merely a general power of attorney.

Before issuing a power of attorney to a divorce lawyer, the following points should be reviewed:

• The identities of the principal and the agent and the information required by the authentication authority.
• The specific act for which the agent is being authorized.
• Whether the power of attorney is required for the divorce itself or for pursuing a lawsuit or other procedures related to the case.
• The scope of representation before judicial or administrative authorities, according to the actual need.
• Any additional powers relating to settlement or other matters, if actually required and clearly stated in the power of attorney.
• Avoid granting powers broader than necessary for the intended purpose.

The difference in the scope of a power of attorney is clearly demonstrated by the Ministry of Justice’s family dispute settlement service. When a representative attends on behalf of the concerned person, a special power of attorney authorizing the representative to settle the dispute is required. This demonstrates that merely having a “special power of attorney for divorce” does not necessarily mean that every other authority not expressly stated is automatically included.

For this reason, it is preferable first to determine what the client wants the lawyer to do and then ensure that the wording of the power of attorney specifically covers that task.

What Documents Are Required to Appoint a Divorce Lawyer and Begin the Procedures?

The required documents vary depending on the stage and type of procedure. The documents needed to issue a special power of attorney may differ from those required to complete a divorce or pursue a case before the Family Court.

According to the procedures published by the Kuwaiti Ministry of Justice, relevant documents may include:

• Civil ID: This is among the documents required for issuing a special power of attorney and is also included in the requirements for a number of personal status procedures.
• Original marriage contract: This is required as part of family counseling procedures and relevant divorce procedures.
• Special power of attorney for divorce: This is required when an agent attends to carry out divorce procedures that require such authority.
• Passport for residents: This appears among the published documents for certain divorce procedures involving residents, depending on the circumstances.
• Authenticated foreign marriage contract: If the marriage contract was issued outside Kuwait, the authentication requirements specified by the Ministry of Justice apply according to the procedure.
• Revocation declaration or second marriage contract: This may be required in specified cases involving the authentication of a second or third divorce.

This does not mean that all these documents are required in every divorce case in Kuwait. The actual documents depend on the type of procedure, the status of the concerned person, where the marriage contract was issued, and whether the lawyer will handle an authentication procedure or a judicial case.

How to Appoint a Divorce Lawyer in Kuwait Step by Step

The practical process begins by determining what the lawyer is required to do before issuing the power of attorney, followed by issuing the appropriate power of attorney, after which the lawyer can commence the procedure permitted under that authorization.

The recommended practical sequence is:

1. Review the nature of the case: Is the objective to authenticate a divorce, or is there a dispute requiring a lawsuit or judicial application?
2. Define the scope of the lawyer’s work: Determine the procedures the lawyer will handle and the documents that need to be reviewed.
3. Determine the type of power of attorney: If the agent will carry out the divorce, the Ministry of Justice requires a special power of attorney for divorce.
4. Prepare the power of attorney documents: In the published special power of attorney service, the Ministry lists the Civil ID among the basic documents.
5. Issue the power of attorney before the competent authority: The Ministry of Justice provides the special power of attorney service through its authentication services and affiliated service centers.
6. Provide the lawyer with the power of attorney and documents: These may include the marriage contract and any documents relating to the facts of the case.
7. Begin the appropriate legal process: This may involve procedures before family counseling and Sharia authentication authorities or a lawsuit falling within the jurisdiction of the Family Court.

The important point is that issuing a power of attorney should not be treated as equivalent to filing a divorce case. The power of attorney grants the lawyer or agent the powers specified in it, while the next procedure depends on the nature of the case. To learn about the stages that follow, you can review Divorce Procedures in Kuwait and the related documents and steps.

What Does the Lawyer Do After the Power of Attorney Is Issued?

The lawyer’s role after the power of attorney is issued depends on the facts of the case, the powers stated in the power of attorney, and the professional engagement agreement.

The legal work will usually begin with a review of the file, followed by identifying the appropriate legal route rather than proceeding immediately with an action that may not be suitable for the circumstances.

Depending on the case, the work may include:

• Reviewing the marriage contract, power of attorney, and relevant documents.
• Listening to the facts and identifying the legal outcome being sought.
• Determining whether the matter involves an authentication procedure or a judicial dispute.
• Preparing applications or the statement of claim when filing a lawsuit is the appropriate route.
• Representing the client before the competent authority within the limits of the power of attorney.
• Following up on hearings and judicial procedures when a case is pending.
• Reviewing matters arising from the divorce that fall within the scope of the engagement, where they are the subject of a separate request or dispute.

Divorce may give rise to other legal matters that vary according to the family’s circumstances and the claims involved. A wife may therefore review Wife’s Rights After Divorce in Kuwait to understand the main issues that may arise after divorce, while bearing in mind that the actual rights available depend on the circumstances of each case.

Do the Procedures for Appointing a Divorce Lawyer Differ for Citizens, Residents, or Foreign Marriage Contracts?

Certain documents and requirements may differ depending on the status of the concerned person and where the marriage contract was issued, although this does not mean that the entire power of attorney procedure differs solely because of nationality.

The procedures published by the Kuwaiti Ministry of Justice outline the main differences as follows:

Case	Documents or Requirements
Kuwaiti citizen	Original marriage contract and Civil ID, depending on the procedure
Resident in Kuwait	Marriage contract and Civil ID or passport, depending on the circumstances
Marriage contract issued outside Kuwait	Foreign marriage contract with the required authentications completed
Person residing illegally	Documents and requirements applicable to this category according to the procedure and competent authority

In the published procedures for revocable and irrevocable divorce, the Ministry of Justice lists Civil IDs for Kuwaitis and Civil IDs or passports for residents among the required documents, depending on the circumstances.

If the marriage contract was issued outside Kuwait, the published family counseling procedures include requirements concerning authentication of the foreign marriage contract by the Ministry of Foreign Affairs and the relevant embassy.

Frequently Asked Questions About Appointing a Divorce Lawyer in Kuwait

In conclusion, we have reached the end of our article on appointing a divorce lawyer in Kuwait, where we explained the type of power of attorney required, the necessary documents and procedures, the difference between a general power of attorney and a special power of attorney for divorce, as well as the lawyer’s role and certain special cases involving residents and marriage contracts issued outside Kuwait.

If you would like to review your legal position or determine the appropriate procedure before issuing the power of attorney, you can contact Lawyer Ahmed Shreeda Al-Fadhli to present the details of your case and the relevant documents and obtain legal advice based on the circumstances of the case.