We regret what you are going through, and we are pleased to provide you with a full legal explanation of your status and the rights guaranteed by law.

Housing is an essential and integral part of the “alimony” that a husband has for his wife and children. Article 45 of the Personal Status Law clearly states that alimony includes: “food, clothing, housing, and basic necessities.” 

Therefore, the husband’s requirement not to provide housing is a condition that contradicts the requirements of the marriage contract. The system addressed this situation in the second paragraph of Article 29 of the Personal Status Law, which states: “The marriage contract is valid, and the condition is invalidated if it contradicts the requirements of the contract.” 

Legal result: Your marriage contract is valid, but the condition set by your husband is invalid, and your right to provide suitable legal housing for you and your children remains in place and guaranteed to you by force of the system, even if you agreed to the condition when signing the contract. 

The role of the marriage registrar and the court when approving the contract is essentially documentary, in which it is ensured that the basic pillars and conditions of marriage are completed (such as the guardian, witnesses, and appointment of spouses). The notary may record the terms agreed upon by the two parties as they are, without examining their detailed regularity, provided that the validity of these terms is decided by the Personal Status Court when a dispute arises. 

In other words, accepting and documenting the contract does not mean acknowledging the validity of every condition in it, as legally invalid conditions are considered as if they did not exist, and you have the full right to demand their invalidation and oblige the husband to abide by your rights before the judiciary.

Here is an important point that must be paid attention to. Article Nineteen of the Personal Status Law Regulations stipulates that: “The custodian is not entitled to housing expenses for the child in custody if either of them resides in housing owned or allocated to him, or if the custodian resides according to someone else”. 

You have several legal paths you can take: 

For law and legal consulting? Do not hesitate to contact the office of lawyer Abdul Majeed Al Rashid.

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