Kuwait Court of Cassation principle number 413

The stipulation must be recorded in the marriage contract document. Art. 41, Law 51 of 1984. The reason - 397 - Personal Status therefor. To preclude disputes and falsehood in claiming and proving any of these stipulations. Its implication. None of these stipulations is to be taken into account if the contract contains none of them. - Unless he expressly stated upon marriage that he married her on condition that this characteristic existed, or the woman is the evading party—who evades one description for another that she does not possess—by telling the man of a characteristic in her and being found contrary to what she described. - Virginity and non-virginity are characteristics that must be stipulated in the marriage contract; presuming them is insufficient. The absence of a presumed characteristic in the woman does not confer upon the man an option of annulment unless he expressly stated and stipulated it when drawing up the marriage contract. - 398 - Personal Status Fourth: Marital separations (dissolution of the marriage contract) 1 – Divorce: A – General provisions (in general):