Translated from Arabic.
Under Saudi law, khula is the separation of a wife from her husband in return for compensation that she pays him. Its rules are set out in the Personal Status Law issued in 1443H. In principle, khula takes place by agreement of the spouses on the separation and the compensation; if they do not agree, the court considers the application.
As for the compensation, the starting point is whatever the parties agree, and in judicial practice it is usually within the limit of the mahr actually received. The judge does not usually require the wife to return gifts, wedding party costs or expenses that do not form part of the mahr. Determining what falls within the mahr and proving its amount remain evidential matters for the court to consider on the basis of the marriage contract and the evidence.
If the husband refuses khula, the court first seeks reconciliation. If that fails and the court is satisfied that the wife is averse to remaining with her husband and fears she will not observe the limits set by God, it may rule to dissolve the marriage in return for the wife returning the mahr, without this depending on the husband's consent, according to the court's view of the circumstances of the case.
Suggested practical steps:
1. Log in to the Najiz platform via National Single Sign-On (Nafath) and submit a statement of claim for khula or dissolution of marriage before the competent Personal Status Court.
2. Attach a copy of the marriage contract and your ID, and any proof of the amount of mahr received, if available.
3. Set out the reasons for seeking separation briefly and clearly, and state that you are willing to return the mahr.
4. Attend the reconciliation session; the case may be referred to reconciliation offices or the Taradhi platform before it is heard by the court.
5. Follow up on the hearings and deposit the compensation when judgment is issued, then collect the khula or dissolution deed and have it registered.
Please note that separation by khula entails the waiting period (iddah), and some of its effects differ from those of divorce. Any other financial rights of the wife, such as arrears of maintenance, may require a separate claim or be considered as the court decides.
The outcome of the case and the amount of compensation cannot be predicted with certainty, as they depend on the facts, the documents and the judge's assessment. The KSA Lawyers team therefore recommends consulting a lawyer who specialises in personal status cases to review the marriage contract and your documents before filing the claim.