What Is Khul‘ (Divorce at the Wife’s Initiative) in Egypt, How Do I File, and What Does the Wife Give Up?

Many people ask us: “How do I file for khul‘?”, “How long does khul‘ take?”, “What do I lose if I seek khul‘?”, “Do I lose custody of my children if I seek khul‘?” The answer: Khul‘ is a right of the wife regulated by Article 20 of Law No. 1 of 2000. The wife declares expressly that she detests life with her husband and fears she will not uphold the limits of God, waives all her lawful financial rights and returns the dowry (sadaq) he gave her, and the court rules for khul‘ after attempting reconciliation between the spouses.

What is khul‘?

It is the wife ending the marriage in return for waiving her lawful financial rights and returning the dowry her husband gave her; it results in an irrevocable (ba’in) divorce.

What is the difference between consensual khul‘ and khul‘ by court judgment?

The law permits the spouses to agree on khul‘ between themselves. Failing agreement, the wife may file a claim for khul‘ before the Family Court, even if the husband does not consent.

What are the conditions of a khul‘ claim?

The wife must declare expressly that she detests life with her husband and fears she will not uphold the limits of God because of that aversion, waive all her lawful financial rights, and return the dowry he gave her.

Does the court rule for khul‘ immediately?

No. The court may not grant a divorce by khul‘ except after attempting reconciliation between the spouses and appointing two arbitrators to pursue reconciliation efforts within a period not exceeding three months.

What does the wife give up in khul‘?

She waives all her lawful financial rights and returns the dowry her husband gave her. Which specific rights fall within this in your case is determined by your lawyer after reviewing the marriage documents.

Do I lose custody of my children or their maintenance if I seek khul‘?

The consideration for khul‘ may not be the waiver of the custody of minor children, their maintenance, or any of their rights; these rights cannot be made the price of khul‘.

Can a khul‘ judgment be appealed?

The law provides that the judgment is, in all cases, not subject to challenge by any means of appeal. Think carefully and consult a lawyer before filing.

What kind of divorce results from khul‘?

Khul‘ always results in an irrevocable (ba’in) divorce.

What should I do to avoid being harmed?

Do not waive any right or sign any declaration or release before consulting a specialised lawyer, keep your marriage certificate and proof of the dowry paid, and agree with your lawyer before filing what you are waiving and what cannot be waived.

Sources reviewed for the data in this article

A question you should know the answer to

Question: Will the court grant khul‘ if the husband objects?

Answer: Yes, if the conditions set out in Article 20 are met and after reconciliation has been attempted and the two arbitrators appointed; khul‘ by judgment does not depend on the husband’s consent.

What should I do if I cannot handle the situation and have fallen into trouble?

Keep our number with you or with a family member: +201208555806, and call us immediately so that we can intervene as quickly as possible to protect you.

If you are unsure whether your problem falls under khul‘ or another legal classification within personal status matters, and you want a legal opinion on it, you may consult a specialised lawyer.

If you are a party to a similar problem, do not face it alone; contact our firm or pay us a visit, so that we may place our experience at your service and handle your case with the care and precision it deserves.

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This article is general information for legal awareness and does not replace legal advice on your particular situation.