Husband’s Defence Memorandum in a Maintenance Claim in Kuwait: Arguments, Documents and Sample Format
By Counselor Ahmed Mohamed Naguib Abdelhadi / October 21, 2026
Husband’s Defence Memorandum in a Maintenance Claim in Kuwait: Arguments, Documents and Sample Format
A husband’s defence memorandum in a maintenance claim in Kuwait is a written submission responding to the maintenance requests made against him. It presents the facts, supporting evidence and relief sought. A well-organised memorandum helps clarify actual income, establish payments already made and identify the issues disputed before the court.
The strength of a memorandum depends on connecting each argument to clear evidence and a specific request. Preparing it therefore begins with reviewing the statement of claim, the type of maintenance requested and the period covered.
This article explains how to prepare a defence memorandum, identifies useful supporting documents and provides an illustrative template that can be adapted to the case.
What Is the Legal Basis for the Husband’s Defence?
Where Personal Status Law No. 51 of 1984 applies, the following rules should be considered:
A wife’s employment or financial means do not, by themselves, remove her entitlement to maintenance. Article 74 recognises that entitlement when its conditions are met, even if she is financially well-off.
Under Article 75, maintenance includes food, clothing, accommodation and related customary needs.
Article 76 bases the assessment on the husband’s financial circumstances, while preserving the minimum necessary to meet the wife’s needs.
Payment or a valid release may discharge maintenance debt under the conditions of Article 78. (www.moj.gov.kw)
The law applicable to the parties must be identified before relying on these provisions.
How to Prepare a Husband’s Defence Memorandum
The following steps help produce a clear submission:
Review the statement of claim: Identify the requests, amounts and periods claimed.
Identify agreed and disputed matters: These may concern entitlement, the amount claimed or previous payments.
Gather supporting documents: Organise income records, transfers, judgments and agreements.
Present the facts: Provide a concise timeline of relevant events.
Connect arguments to evidence: Refer to the exhibit supporting each factual point.
Specify the relief sought: Tailor the requests to the claim and the husband’s position.
Review the memorandum: Check figures, dates and consistency between the arguments and requests.
The memorandum and its attachments should be submitted through the procedure accepted by the court, while observing hearing dates and directions concerning the exchange of submissions and documents.
Main Areas of Defence in a Maintenance Claim
1. Establishing Payments Already Made
If the claim includes amounts already paid, prepare a schedule showing each payment’s date, value and relevant period, together with supporting evidence.
Distinguishing maintenance payments from transfers made for other purposes helps explain why particular amounts should be credited against the claim.
2. Presenting Actual Income
Provide a complete picture of relevant financial resources, including salary, allowances and other income, rather than relying on a general statement such as “my financial circumstances are difficult.”
If income has changed, attach documents showing the nature and date of the change, such as an employment termination decision or an updated salary certificate.
3. Addressing Individual Items Claimed
Respond separately to each disputed item: What amount is requested? What evidence supports it? What is the specific objection?
This approach makes the defence clearer than a general objection to the total amount.
4. Providing Agreements and Releases
Where a previous agreement or release exists, submit the complete document and identify the amounts and periods it covers. Avoid assuming that it extends to claims it does not expressly address.
5. Addressing Allegations of Marital Disobedience Carefully
A wife’s departure from the marital home does not, by itself, establish marital disobedience (nushuz). Article 87 connects its establishment to refusal to comply with a final obedience judgment and recognises circumstances justifying refusal. Leaving home for lawful work is also not, by itself, marital disobedience, subject to Article 89. (www.moj.gov.kw)
Documents Useful for Preparing the Defence
The documents required depend on the dispute. Common examples include:
Document | Purpose of Reviewing It |
|---|---|
Statement of claim and attachments | Identify the requests and their supporting grounds |
Marriage contract and marital status documents | Confirm relevant facts and dates |
Recent salary certificate | Clarify employment income |
Bank statements and transfer records | Trace payments relied upon in the defence |
Signed receipts | Establish amounts paid directly |
Previous judgments and agreements | Understand earlier obligations |
Documents showing income changes | Explain new financial circumstances |
Detailed schedule of claims and payments | Compare amounts and periods |
Practical tip: Number the exhibits and use the same numbers throughout the memorandum so that each supporting document can be located easily.
Sample Husband’s Defence Memorandum in a Maintenance Claim in Kuwait
This illustrative template must be adapted to the facts, evidence and applicable law.
Before the Honourable Family Court
Division: (…)
Case No.: (…) of (…)
Hearing Date: (…)
Defence Memorandum
Submitted by: Mr (…) — Defendant
Against: Mrs (…) — Claimant
Subject: Response to the Maintenance Requests in the Statement of Claim
First: Facts
The claimant filed this action seeking an order requiring the defendant to pay (…) for the period from (…) to (…), relying on the facts stated in her claim.
The defendant submits the following defence in response to those requests, supported by the attached exhibits.
Second: Defence
1. Payments Already Made
The defendant maintains that he paid (…) during the period (…) as evidenced by Exhibits (…). He requests that payments established as relating to the present claim be credited accordingly.
2. Actual Income
The defendant submits the salary certificate and bank statements marked as Exhibits (…), explaining that his financial resources consist of (…). The change occurring on (…) is supported by Exhibit (…).
3. Disputed Items
The defendant disputes the item relating to (…) for the following reasons: (…), relying on Exhibit (…).
4. Further Evidence
If necessary, the defendant requests permission to submit (…) or that the court obtain information from (…) concerning the following specific matter: (…).
Third: Relief Sought
The defendant respectfully requests that the court:
Credit payments established as having been made for the period claimed.
Dismiss the claim to the extent that the relevant amounts have already been paid.
Consider the financial resources established by the documents and the applicable legal requirements when assessing maintenance.
Direct the evidentiary measure specified in this memorandum if the court considers it necessary.
Respectfully submitted.
Submitted by: (…)
Capacity: (…)
Date and Signature: (…)
Mistakes to Avoid
Using criminal terminology, such as “the accused,” in a maintenance claim.
Copying a template containing facts unrelated to the case.
Confusing spousal maintenance, child maintenance and post-divorce compensation.
Stating income or financial obligations without supporting documents.
Requesting dismissal of the entire claim when only part of the amount is disputed.
Including personal allegations that do not assist in resolving the dispute.
Lawyers and Contact Details
To contact Ineqad Law Firm about preparing a defence memorandum in a maintenance claim, use the firm’s unified contact number:
Lawyer’s Name | Firm’s Unified Contact Number |
|---|---|
Fahad Al-Saeed | +96566668811 |
Riyadh Al-Fadhli | +96566668811 |
Ahmed Al-Fadhli | +96566668811 |
Ahmed Mohamed Naguib Abdel Hadi | +96566668811 |
Ahmed Salah Al-Serri | +96566668811 |
Frequently Asked Questions
What makes a husband’s defence memorandum clear and persuasive?
Precisely identifying the disputed issues, supporting each argument with evidence and requesting relief consistent with the available facts and documents.
Is a salary certificate sufficient?
It is advisable to supplement it with documents relevant to the dispute, such as payment records, bank statements and previous agreements, to provide a clearer picture of the case.
Can the same template be used for every maintenance claim?
No. The memorandum should reflect whether the case concerns an initial maintenance claim, an increase or outstanding amounts, as well as the applicable law.
How should I prepare for a consultation with a lawyer?
Bring the statement of claim, hearing date, financial documents, a schedule of payments and a brief list of the points you dispute.
For a memorandum tailored to your case, contact Ineqad Law Firm.
Phone and WhatsApp: +96566668811
Website: ineqad.com
