The difference between divorce and annulment

The difference between divorce and annulment

What is the difference between divorce and annulment in Saudi Arabia? Do the same effects result from both divorce and annulment? Is annulment considered an irrevocable divorce

Follow with us the following article in which we have explained to you all the provisions related to the differences between divorce and annulment according to the Saudi personal status system.

To request advice or a lawyer’s power of attorney for divorce cases, do not hesitate to contact the office of lawyer Abdul Majeed Al Rashid.

The difference between divorce and annulment

The difference between divorce and annulment in Saudi Arabia

There are many differences between divorce and annulment according to the provisions of the Saudi Personal Status Law, which we can summarize as follows

divorce	annulment
Divorce occurs by the husband’s sole will	While annulment is done by a court ruling
Divorce that occurs by the husband’s sole will the first and second time, and the divorce is considered retroactive	While annulment by court ruling is considered a minor irrevocable divorce
Divorce that occurs by the husband’s sole will turns into an irrevocable divorce with minor irrevocability once the revocable divorce period ends	While annulment is considered an irrevocable divorce with minor irrevocability, regardless of whether the waiting period has passed or not
Divorce that occurs by the husband’s sole will, if it occurs for the third time, is considered a final divorce with major irrevocability	While the annulment of a marriage that is concluded by court order is not considered an irrevocable divorce with a major irrevocable relationship, but rather an irrevocable relationship with a minor relationship
Divorce that occurs by the husband’s sole will is calculated from the number of three divorces	Unlike the termination of the marriage contract by the court, which is not counted from the number of three divorces
Divorce that occurs by the husband’s sole will if it is a revocable divorce in which the husband has the right to see his wife during the revocable divorce, in word or deed	While the marriage contract was annulled by a court ruling, he has no right to return to his wife except with a new contract and a new dowry because it is a minor irrevocable division
Divorce that occurs by the husband’s sole will for the third time, as he is considered a major irrevocable heir, in which the husband has no right to see his wife until she marries another man and he enters into her and then divorces her without collusion, so the first husband proposes to her and marries her according to a new contract and a new dowry	While terminating the marriage contract, the husband can visit his wife with a new contract and a new dowry without the need for her to marry another man, and he enters into her and divorces her without collusion
The wife is entitled to all her rights resulting from divorce, if the divorce occurred by the husband’s sole will	Unlike annulment of marriage, there are cases in which a woman does not obtain all of her rights. For example, if the marriage contract was annulled by the wife before consummation or seclusion for a reason attributable to her, she must return the dowry and everything the husband spent at her request for the marriage, if the husband requests it.

The difference between divorce and annulment

Is annulment considered an irrevocable divorce?

Article 103 of the Saudi Personal Status Law stipulates that any separation by a court ruling shall be considered an annulment of the marriage contract, and the resulting separation shall be a minor irrevocable separation, and shall not be counted from the number of three divorces.

The difference between divorce and annulment in Saudi Arabia is that annulment of a marriage contract is considered an irrevocable separation between spouses, but it is irrevocable as a minor irrevocability, not a major irrevocability. Therefore, the husband has the right to return to his wife, but under a new marriage contract and a new dowry called in that contract.

Also, the annulment of marriage is not counted from the number of three divorces. If the husband divorces his wife of his own free will twice in a row, and the marriage contract is annulled, and then he returns to his wife again with a new contract and a new dowry, then the custom of divorces remains only twice.

Therefore, terminating the marriage contract is not considered a major irrevocable separation, which means that the husband can review his wife under a new contract and a new dowry, without the need for her to marry another man, enter into it, and then divorce her without collusion.

Thus, the annulment of the marriage contract is consistent with khul’ in that each of them is considered a minor irrevocable division and is not counted from the number of three divorces.

The role of the court in divorce and annulment cases.

There is a fundamental difference regarding the role of the court in divorce and annulment cases in the marriage contract. As follows:

In divorce cases, for example, the court has no role in the occurrence of a divorce that occurs by the husband’s sole will, as it is a right that the husband exercises in accordance with Sharia regulations.

While in terminating the marriage contract, the court decides that termination and ends marital life between the spouses, if it reaches a complete conviction that such termination is necessary in accordance with one of the cases stipulated in the Saudi Personal Status Law.

The court’s role regarding a divorce that occurred at the husband’s sole will is limited to documenting that divorce in accordance with the provisions of Article 90 of the Personal Status Law, if the husband must document the divorce before the competent authority, which is the final chambers of the Civil Status Court, within a maximum period of 15 days from the date of the judgment.

As for the annulment of the marriage contract, the court shall consider the case, consider the defenses of both parties, request witnesses, and conduct expertise. If the case is related to a request to annul a marriage due to harm or discord, it may refer the case to the two rulings, and then issue its ruling on the annulment of the marriage contract that is considered documented by it.

The difference between divorce and annulment

common questions.

Is there a difference between annulment of marriage and divorce?

There is a clear difference between annulment and divorce, as the annulment of a marriage contract is made by a court ruling, and is considered a minor irrevocable divorce, and is not counted from the number of three divorces, while a revocable divorce that occurs by the husband’s sole will for the first or second time turns into a minor irrevocable divorce once the revocable divorce period ends, and an irrevocable divorce occurs as soon as it occurs for the third time by the husband.

What is the difference between annulment with compensation and annulment without compensation?

What is meant by the difference between annulment with compensation and annulment without compensation is the decision that the two arbitrators reach when they are unable to reconcile the spouses, such that they see, according to what appears to them from the case, either the distinction between the spouses with compensation or without compensation, provided that the compensation paid by the woman does not exceed the dowry.

At the end of our article, in which we explained the difference between divorce and annulment in Saudi Arabia, we emphasize that anyone who still has any questions about the subject of our article should take the initiative to request legal advice from the best divorce lawyer at the office of lawyer Abdul Majeed Al Rashid for Law and Legal Consultations.

You may also ask about the wife’s rights in the event of termination of the marriage contract in Saudi Arabia