Translated from Arabic.
A verbal divorce pronounced by the husband in explicit words, where its conditions are met, takes effect under Sharia even if it is not registered. However, the Personal Status Law issued in 1443H requires the husband to register the divorce, because registration is what the official consequences are based on, such as updating the civil register, maintenance, custody and proving the end of the waiting period (iddah).
Where the husband refuses to register the divorce or denies it, the wife is entitled to file a claim to establish the divorce before the Personal Status Court, and it is the court that determines whether the divorce is proven, the date it took place, the number of pronouncements and its type.
There are several means of proof in a case like yours, including: the husband's admission before the judge; the testimony of anyone who witnessed the divorce; and written messages sent by him, if it is established that they came from him. An oath may be resorted to where necessary, as the court decides. You are advised to keep the messages as they are on the original device, along with clear screenshots showing the number and date, without any alteration.
Suggested practical steps:
1. Preserve the messages and record the witness's details and her willingness to attend.
2. File a claim to establish the divorce electronically through the Najiz platform, stating the date and details of the divorce and attaching the evidence you have.
3. Claim, in the same case or in related cases, the rights that follow, such as maintenance during the iddah, child maintenance, custody and visitation; some of these matters may first be referred to reconciliation.
4. After judgment is issued, your status is updated in the official records and you can follow it up through Absher and Najiz.
As for the iddah, in principle it is calculated from the date the divorce actually took place, once proven, not from the date of registration, so it is important to state the date precisely in the claim. You should also bear in mind that if the divorce is revocable, the husband may take you back during the iddah, which may affect the course of the case.
The husband's refusal to register the divorce does not forfeit your rights, and the Law may hold him liable if it is proven that the wife was harmed by it; this is for the court to assess.
The outcome of the case cannot be predicted before the judge reviews the evidence and hears both parties, so the KSA Lawyers team recommends consulting a lawyer who specialises in personal status cases to review your documents and draft the claim properly.