What are the conditions and procedure for khula under Law 1 of 2000?

## Bottom line

Under Article 20 of Law No. 1 of 2000, the spouses may agree on khula. If they do not, the wife may seek it in court by surrendering all her lawful financial rights and returning the dower given to her; she must also expressly state that she detests continuing married life and fears she cannot observe God’s limits because of that detestation. 1

The court must attempt reconciliation and appoint two arbitrators to continue reconciliation efforts for no more than three months. A khula judgment is a final, irrevocable divorce and is not appealable by any means. 1

## Legal characterisation

- By agreement: The spouses may agree to khula. 1 - By court order: If they do not agree, the wife must bring a khula action, surrender all her lawful financial rights, return the dower she received, and make the required express statement about detestation and fear of being unable to observe God’s limits. If those conditions are met, the court is to decree khula. 1 - Children’s rights: Khula consideration cannot include surrendering custody of children, their maintenance, or any of their rights. 1 - Effect and challenge: Khula is an irrevocable divorce in all cases, and the judgment cannot be challenged by any method of appeal. 1

## Steps

1. If the spouses agree, record their agreement to khula. 1 2. If they do not agree, the wife files a khula action and states expressly the grounds required by Article 20. 1 3. The wife surrenders all her lawful financial rights and returns the dower given to her; children’s rights must not be included in the consideration. 1 4. The court attempts reconciliation and appoints two arbitrators to continue those efforts for a period not exceeding three months. 1 The court’s reconciliation and arbitration steps follow the procedures referred to in Articles 18 and 19. 134 5. If the statutory conditions are fulfilled, the court decrees khula; the resulting divorce is irrevocable and the judgment is not appealable. 1

## In practice

Keep evidence of the dower paid and returned, the wife’s financial-rights waiver, and the express statement required by Article 20. Ensure that any agreement or proposed consideration clearly preserves the children’s custody, maintenance, and other rights. The lawyer should check the proposed wording and the case papers before filing.