In short: khul is when the wife requests to end the marriage in exchange for returning the dower or giving up an agreed financial payment. In Saudi Arabia this is governed by the Personal Status Law issued under Royal Decree No. M/73 of 2022. If the husband agrees, khul happens by mutual consent; if he refuses, the wife files a khul case online through the Najiz portal, which is referred first to a reconciliation center and then to the Personal Status Court, which can order khul in exchange for returning the dower. Child custody and support are independent rights that aren't cancelled by khul. This guide is general information, not legal advice.
What is khul?
Khul is a separation the wife requests in exchange for a payment she makes to the husband, and this payment is often returning the dower she received, or giving it up. In essence, it's the wife who initiates ending the marriage when married life becomes unbearable for her, and she buys her way out with a financial payment. Originally, khul happens by mutual agreement between the parties; if the husband refuses, the wife can request it before the court, and she doesn't need to prove fault by the husband, as is required in some annulment (faskh) cases.
The difference between khul, talaq and faskh
Many people confuse three ways of ending a marriage, and the difference between them matters, since it determines who initiates the process, what financial payment applies, and what effect it has:
| Feature | Khul | Talaq | Faskh (annulment) |
|---|---|---|---|
| Who initiates it | The wife | The husband | The judge, at a spouse's request |
| Financial consideration | Returning the dower or an agreed payment | No payment from the wife | Depends on the ground for annulment |
| Ground | No fault needs to be proven | The husband's will | A recognized ground (harm, defect, no support…) |
| Effect | Irrevocable separation | Can be revocable or irrevocable | Usually irrevocable |
| Child custody and support | Independent right, not affected | Independent right, not affected | Independent right, not affected |
The key practical difference: in talaq (divorce by the husband), the husband carries out the separation of his own will; in khul (divorce at the wife's request), the wife requests it and makes a payment; and in faskh (annulment), the judge orders the separation for a valid reason. All three, however, have in common that the children's rights aren't affected.
How do you request khul through Najiz?
Najiz is the Saudi Ministry of Justice's electronic portal, through which personal-status cases can be filed and, for most stages, followed without appearing in court in person. The usual steps:
- Log in to the Najiz portal through the unified national access (Absher).
- Select the "personal-status case filing" service, specify the type of request (khul), and fill in the parties' and marriage details.
- Upload supporting documents and explain your request and the payment you're offering (e.g. returning the dower).
- The case is usually referred first to the Ministry's reconciliation centers to attempt reconciliation between the parties.
- If reconciliation isn't possible, the case is heard before the Family Court, which can rule khul in exchange for returning the dower or the agreed payment.
- Once the ruling is issued, the separation can be documented electronically and the corresponding certificate issued.
There's no fixed timeline; how long a case takes depends on the reconciliation stage, how cooperative the other party is, and the court's schedule. Take reconciliation seriously, since it's often the fastest and cheapest path.
Documents usually required
- National ID or residency permit.
- The marriage contract (nikah document).
- Proof of the dower, if available.
- Details of the children, if any.
- Any correspondence or documents supporting your request.
Requirements can vary by department and case circumstances, so check the list of required documents when filing through Najiz.
Your financial rights after khul
In khul, the wife generally returns the dower or gives it up in exchange for the separation; another payment can also be agreed instead. But this waiver only affects the wife's own right and doesn't touch the children's rights. Support, custody, the custody allowance, and the children's housing remain the father's responsibility and aren't cancelled by khul, regardless of any agreement between the spouses. The deferred portion of the dower and support during the waiting period (iddah) are matters reviewed depending on the agreement and the type of separation, and they can be subject to negotiation in khul.
Custody and support after khul
Khul doesn't strip the mother of custody of her children, and it doesn't relieve the father of his obligation to support them. The Personal Status Law gives the mother priority for custody after separation, while the father's right to support and visitation remains. Details on who's entitled to custody, how long it lasts, and how visitation is arranged are covered in a separate guide to child custody in Saudi Arabia.
Legal notice and sources: this content is general information for educational purposes, not legal advice and not a substitute for a licensed lawyer in Saudi Arabia. Details vary by your case, documents and the department's assessment, and laws and regulations change. Basis: the Personal Status Law (Royal Decree No. M/73 of 2022) and its implementing regulations, the Najiz portal, and the Ministry of Justice's reconciliation centers. Verify your procedures and rights with a qualified professional before making a decision.
Get an initial answer before consulting a lawyer
The HAQQ app explains the steps for khul in plain language, answers your questions about your rights, documents and the Najiz process, and prepares you to meet a lawyer more informed and organized. Free to download on iPhone and Android; it provides legal information, not advice, and doesn't replace a lawyer in serious cases.
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