How does divorce work for residents of Qatar?

Which law applies to a non-Qatari's divorce in Qatar?

There is no single answer for every resident. Article 4 of the Family Law and the conflict-of-laws rules in the Civil Code (Law No. 22 of 2004) decide it together. The result depends on each spouse's religion, school of law and nationality, and on what they ask the court to apply.

• The Family Law applies to people who follow the Hanbali school. Others are governed by the rules that apply to them (Family Law, Article 4).
• Family matters between non-Muslim parties are governed by their own rules (Article 4).
• The Family Law applies in every case where the parties ask for it, or where they differ in religion or school (Article 4).
• Divorce is governed by the law of the spouses' shared nationality at the time of the divorce or of filing. If their nationalities differ, the law of the husband's nationality at the time of the marriage applies (Civil Code, Article 17).
• A foreign rule that conflicts with public order or morals in Qatar is not applied, and Qatari law applies instead (Civil Code, Article 38).
• Qatari courts always follow Qatar's own rules on jurisdiction and procedure (Civil Code, Article 32).

Because these rules overlap, the first question in any resident's file is which law governs the divorce. Everything else depends on that answer.

What is the difference between talaq, khula and judicial divorce?

Article 101 of the Family Law says a marriage ends by the husband's will (talaq), by mutual consent (khula), by court judgment (annulment, or faskh), or by the death of a spouse. The table compares the first three.

Khula compensation can never be giving up custody of the children or any of their rights (Article 120).

Where both spouses agree, the Supreme Judiciary Council's Family Documentation Department offers online services to create or prove a divorce by mutual consent and to issue a khula document, each with its own requirements.

How do the Family Court and reconciliation work?

Family cases are heard by circuits of the Court of First Instance and the Court of Appeal, together called the Family Court (Family Law, issuing Article 2). According to the Supreme Judiciary Council, it sits as a Partial Family Court (one judge) and a Full Family Court (three judges).

1. 1

   Create a National Authentication System (Tawtheeq) account, then log in to the courts' e-services portal yourself or through a lawyer.

2. 2

   Choose "Register a family case" and add your spouse by Qatar ID or passport number.

3. 3

   Select the case type and your claims, and attach the facts and documents.

4. 4

   Court staff review the request and return it for payment and registration. Personal status cases carry a fixed fee of QAR 100, and maintenance cases carry no court fee (Civil and Commercial Procedure Law, Article 537).

5. 5

   At hearings, the judge works to reconcile the couple and may appoint two arbitrators, from the families or outside them, for a set period (Articles 129 and 130).

6. 6

   While a separation case is pending, the judge orders temporary measures for maintenance of the wife and children, custody and visits (Article 102).

7. 7

   The court gives judgment. Find out the deadline for any challenge as soon as it is issued.

Reconciliation is a real step. The law requires the judge to attempt it before accepting a talaq declaration (Article 113) and before ruling on a separation for harm (Article 129). The Supreme Judiciary Council says the Family Court encourages settlement before litigation and holds early reconciliation sessions. Couples may be referred to the Family Reconciliation Office or the Family Consulting Centre (Wifaq).

Hearings are public by default, but the court can hold them in private, on its own initiative or at a party's request, to protect the family's privacy (Judicial Authority Law, Article 17). Arabic is the language of the courts, and interpreters can be used (Article 18).

What else needs settling: custody, maintenance and housing?

A divorce on its own does not settle the children or the money. After a talaq, the judge issues an order on request covering the wife's maintenance during her waiting period (iddah), the children's maintenance, custody and visits. The order can be enforced straight away (Article 114).

• Custody: when parents separate, the mother has the first right to custody of a young child, unless the judge decides otherwise for the child's sake. The child's right is the stronger one (Article 166). Article 173 sets when the mother's custody period ends.
• Maintenance: a wife's maintenance covers food, clothing, housing and medical care, and reflects the payer's means, the recipient's situation and economic conditions (Articles 61 and 62). Claim everything in one case: anything left out cannot be claimed again until a year after the first-instance judgment (Article 59).
• Compensation (mut'ah): due to a divorced wife when the divorce was caused by the husband, except a divorce for non-maintenance because he lacks the means (Article 115).
• Housing: if the child or the custodian has no home, the child's guardian must provide suitable housing for the custodian or pay rent (Article 181).
• Residence: if the divorced mother with custody is a foreign national living in Qatar with her family, or was sponsored by someone else before the marriage, the former husband must transfer her sponsorship to a suitable sponsor. The guardian cannot cancel the child's sponsorship while custody lasts (Article 177).
• Passports: the guardian keeps the child's passport and hands it to the custodian for travel. The custodian may keep the original birth certificate (Article 176).

These are the Family Law rules. Where a foreign law governs, custody and guardianship follow the law of the father's nationality (Civil Code, Article 20). Custody, maintenance and khula each get their own guide.

Which documents should you prepare?

The list depends on the route and your claims, but these documents are usually needed. You also need a National Authentication System account for the portal.

When should you speak to a lawyer?

Either spouse can file personally through the portal. Early legal advice can still help when:

• You and your spouse have different nationalities, religions or schools of law, or one of you is not Muslim.
• You married outside Qatar, or one of you has started divorce proceedings in another country.
• You have children and expect disagreement over custody, travel or passports.
• Your residence in Qatar depends on your spouse.
• You have received notice of a case, or a judgment has been issued and you are thinking about challenging it.
• You share money, property or financial obligations, in Qatar or abroad.
• You feel unsafe at home. Your safety comes first: call the emergency number, 999.

Questions people ask