A family-law matter may involve England and Kuwait if:

  • You are a Kuwaiti national living in England or Wales and are considering divorce, separation or arrangements for children
  • You are a British citizen married to a Kuwaiti national
  • You married in Kuwait but now live in England or Wales
  • You are British and live in Kuwait
  • Your family has moved between Kuwait and England
  • One parent lives in England while the other lives in Kuwait, or your children spend time in both countries
  • You or your spouse have property, bank accounts, investments, pensions, business interests or family wealth connected with either country

Divorce involving England and Kuwait

If you married in Kuwait and the marriage is recognised in England and Wales, a divorce application may be possible if the English court has jurisdiction. The Brookman team can consider the validity and form of the marriage documents, whether a certified translation or other evidence is needed, and how an English divorce would interact with any Kuwaiti process.

The Kuwaiti framework is materially different from that of English courts, and matters are governed by different statutory and religious rules according to the parties’ circumstances. Kuwait’s Personal Status Law No. 51 of 1984 and the Ja’fari Personal Status Law No. 124 of 2019 are important parts of that framework.

Personal Status Law No. 51 of 1984 is the main family law in Kuwait, and mostly guides family rules for Sunni Muslims. It covers marriage, divorce, child custody, and inheritance.

Ja’fari Personal Status Law No. 124 of 2019 covers family rules specifically for the Ja’fari (Shia) religious sect in Kuwait. It contains over 500 articles detailing specific rules on marriage, divorce types, and rights within that community.

Establishing which country can deal with the divorce

Jurisdiction is fact-sensitive, and the location of children and principal assets may affect the practical strategy, even where it does not determine divorce jurisdiction by itself.

Where more than one country may be able to act, the differences can be significant. The procedure, treatment of financial claims, availability of interim protection and recognition or enforcement of the eventual outcome may not be the same. This does not mean that every case is a race to court; rather, that starting or completing proceedings without coordinated advice can narrow later options.

Financial settlements and assets connected with Kuwait

An English divorce does not automatically resolve financial claims. Where the courts of England and Wales can deal with the finances, they may consider resources located in Kuwait as part of the overall picture. These might include a family home, investment property, Kuwaiti bank accounts, shares, a business, employment benefits, or inherited wealth.

Both spouses are expected to provide full and frank disclosure of their worldwide financial circumstances. Cross-border cases may require translated bank or company records, overseas valuations, careful currency conversion, and tax advice. Kuwaiti pensions, end-of-service benefits, or business arrangements may need specialist evidence before their true nature and value can be understood.

An English financial order may not operate in Kuwait in the same way that it does domestically. Before agreeing a settlement, it is sensible to consider whether property can lawfully be transferred, how payments could be secured, and what recognition or enforcement steps might be required. A settlement that appears fair on paper can be ineffective if it cannot be implemented where the asset is held.

Kuwaiti personal-status law may also recognise financial rights arising from the marriage contract, including mahr or dowry obligations. Their existence does not dictate the result of English financial proceedings, but the wording, payment history, and legal effect may be relevant. The Brookman team can advise on how an English court may approach the evidence, while a Kuwaiti lawyer explains the local-law position.

Prenuptial and postnuptial agreements

A British-Kuwaiti couple, expatriates planning to return to England or spouses with assets in both countries may benefit from an international pre or postnuptial agreement. The document can address property, family wealth, business interests, and obligations recorded in a marriage contract.

Such an agreement is not automatically binding on an English court, although substantial weight may be given to a properly prepared agreement when it is fair to do so. Separate Kuwaiti advice may also be required because the agreement’s form and likely effect can differ between legal systems.

Children living or travelling between England and Kuwait

The English court’s paramount consideration is the child’s welfare; a proposed move to Kuwait may therefore require detailed evidence about housing, schooling, healthcare, immigration status, the child’s relationship with each parent and how meaningful contact would continue. Travel time, cost, holidays, and digital communication all need realistic planning. A parent should not assume that holding a British or Kuwaiti passport decides where the child may live.

Taking a child abroad without the agreement of everyone with parental responsibility, or permission from the court where required, can amount to wrongful removal and may also be a criminal offence under English law. A parent who fears an imminent removal should obtain urgent advice about protective orders, passports, and practical safeguards.

Relocation and child-abduction concerns

Kuwait is not a contracting state to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. The Convention’s structured return procedure is therefore unavailable between Kuwait and the United Kingdom. If a child is taken to or retained in Kuwait, the response may depend on Kuwaiti law, and recovery can be more difficult and uncertain.

This makes prevention and early coordination especially important. Parents should obtain advice before international travel or relocation, and any written consent should clearly address destination, dates, and return arrangements. Where a child has already been removed or retained, the Brookman team can advise on urgent steps available in England and Wales and work alongside overseas lawyers where appropriate.

Distinctive features of family law in Kuwait

Kuwaiti family law should not be treated as equivalent to that of the English system. Legislation is influenced by Islamic law, and the applicable rules can depend on matters including religious affiliation and nationality. Kuwait has separate Ja’fari legislation for relevant Shia cases, while non-Muslim or mixed-nationality families may raise additional choice-of-law and jurisdiction questions. Local advice is needed to identify the correct regime.

Divorce rights and procedures, maintenance obligations, custody and guardianship concepts, and the legal significance of the marriage contract may differ substantially from the approach in England and Wales. Kuwait also amended its legislation in 2025 so that marriage contracts cannot be documented or ratified for anyone under 18 under the principal and Ja’fari personal-status laws.

The English court approaches financial remedies through statutory factors and an assessment of fairness, with particular attention to needs and the welfare of any children. Kuwaiti provisions may categorise matrimonial obligations and post-divorce rights differently.

Working with lawyers in different jurisdictions

A coordinated approach helps avoid inconsistent documents, duplicated work, and orders that are difficult to implement. The Brookman team advises on the law of England and Wales, and where Kuwaiti advice is required, we can work together.

If your divorce, financial arrangements, children dispute, relocation plans or prenuptial agreement involve England and Kuwait, contact the Brookman team for advice about the English-law position.

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About The Team

We are a specialist divorce and international divorce family law team, advising clients in the United Kingdom (specifically England and Wales) and throughout the world. We have a very people–orientated approach to working with clients. Henry Brookman has practised law for over 45 years, and our team has a wide range of skills and expertise. We are recommended by the Legal 500 and have been awarded the Law Society’s quality mark, Lexcel.

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Philip Morton

Recommended by The Legal 500, Philip is an expert in all areas of family law, including domestic and international financial disputes, fraud and commercial dispute resolution.

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Henry Brookman

With over 45 years' experience, Henry Brookman is the senior member of the team. He is described by The Legal 500 as ‘shrewd, savvy, sagacious and highly experienced’.

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Natasha Slabas

Expert in all areas of family law, often involving cases that have an international element, including work in relation to financial settlements following divorce.

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Mark Rennie

Mark is the Group Head of the Horsham Family Law team. He specialises in all areas of matrimonial law, including complex divorce and financial disputes, and is recommended by The Legal 500.

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Nigel Winter

A highly experienced solicitor, Nigel has expertise in collaborative law, divorce, contested litigation, relationship agreements, and children matters. Nigel is recommended by The Legal 500.

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Samantha Jago

Partner at our Guildford office and recommended by The Legal 500, Samantha has specialist expertise in divorce, children matters, complex international cases, and is a trained mediator.

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Joanna Potbury

Family law specialist based in Brighton advising on divorce, cohabitation agreements, children, post-nuptial agreements, and domestic violence. Joanna is recommended by The Legal 500.

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Kevin Danagher

Kevin specialises exclusively in family law, advising on all aspects of relationship breakdown, divorce, same sex marriage, marital agreements, and international family cases.

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Ella Welsby

Known for her sensitivity and discretion combined with significant expertise, Ella advises on all family issues including high-value and multi-jurisdiction divorce and complex financial and children matters.

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Gemma Garrett

Based in Horsham, Gemma is a specialist advising on all areas of family law including divorce and separation (often involving jurisdiction issues), complex financial matters, and children matters.

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Alicia Cenizo

Alicia is a Partner in the family team and advises on all elements of family law, particularly private children work, including matters with an international element such as relocation.

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Rachel Osgood

Rachel specialises in financial claims on divorce and separation with a particular emphasis on high value cases and those involving inheritances, family businesses and claims by adult children.

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Nisha Tayal

With over 20 years of expertise in family law, Nisha specialises on all aspects of relationship breakdown and is trusted by clients for her discreet, tailored advice.

Family Director (filex)

Natalie Matthews Bunting

Natalie is a specialist in divorce and financial remedy, including high value cases involving multiple pensions, multiple properties and multiple businesses.

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Lauren Blythe

Lauren is a highly regarded specialist family law solicitor, based at our Guildford office. She advises on divorce, family finances, children matters, domestic abuse, cohabitee issues, and relationship agreements.

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Susan Hayes

Susan qualified as a solicitor in 1992 and is based at our Brighton office. She is a longstanding member of the Law Society Specialist Children Panel and Family Law Panel. Susan is also a trained Collaborative Lawyer.

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Rachael Au

Rachael is a highly capable member of the family team in Brighton. She specialises in family law, advising on divorce, civil partnerships, financial matters, and children issues.

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Alice Barrett

Alice advises and supports clients on a range of family law matters including divorce, separation, financial remedy, private children matters and emergency applications.

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Amelia Groom

Amelia has experience across a full range of family matters, including divorce, complex disputes regarding finances that range from trusts through to cryptocurrencies, and arrangements for children.

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Natalie Higham

Natalie is a Family Legal Executive who advises individuals on divorce, separation, financial remedies available to them on the breakdown of their relationship, and children matters.

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Katie O'Kelly

Katie advises on a wide range of family law matters including co-habitation, divorce and separation, financial remedies, and private children law matters.

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Sophie John

An experienced solicitor, Sophie advises on matters relating to divorce, financial separation in both marriages and cohabiting relationships and children arrangements.

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Michelle Davies

Part of the Family Law team, Michelle supports on a variety of cases involving divorce, finances, children matters and day to day enquiries.

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Isabelle Basson

Isabelle is responsible for following up day-to-day enquiries, administrative case management and generally supporting the Family team fee-earners.

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Amelia Mahraj

Amelia is responsible, in her current role, for dealing with day-to day enquiries, administrative duties and supporting fee earners.

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Aimee Atalay

Aimee provides dedicated support to the Family and Contentious Probate teams across a diverse range of matters. Aimee studied Law and Criminology at the University of Kent.

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Izzy Minor

Izzy Minor is a Paralegal in the Family Team, supporting fee earners, and is a qualified Advanced CILEx Paralegal (MCILEx), holding a Diploma in Law and Practice.

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Madison Bryant-Pollins

Madison provides dedicated support to the Family and Contentious Probate teams, including case management and the provision of clear, empathetic assistance to clients.

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Victoria Delatouche

Victoria is a highly experienced Legal Secretary and a long-standing member of the team. She provides secretarial support for the office.

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Michelle Louison

Michelle provides secretarial support to Henry Brookman. A very experienced family law secretary, Michelle has worked in law for over 12 years.

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