As we discussed last week, in accordance with the UAE’s Shariah law principles that regulate the arena of Family Law, certain procedures must be undertaken in order for a valid marriage contract to be terminated. For Muslims in the UAE, there are two pathways two divorce. This will cover the second pathway here:
- The second method of obtaining divorce is by application to court, through a divorce case. The first step would then be a referral to the Family Guidance Committee, which forms a part of the court.
- If the committee cannot encourage a reconciliation, the case will be referred to a judge who will decide where there is a valid reason for divorce. Grounds include:
- Defects such as madness, leprosy, impotence or venereal disease. In this instance, the party must demonstrate they were not aware of this ‘defect’ at the time of marriage.
- If a deceit is discovered that would have meant the marriage contract would never have been entered into, this is also grounds for divorce.
- Non-payment of dowry.
- Harm or disputes that make it impossible for the parties to live together.
- Lack of financial support, if the husband has funds but fails to provide support.
- Absence of one of the parties; but a year must pass from the time of application for such divorce to be granted.
- A jail sentence of more than three years, if the jailed party has already been in prison for a year.
- Desertion – if a husband leaves the family home and doesn’t return within four months of the wife’s request.
If you are facing this type of issue or any related situation, please contact Dr. Hassan Elhais.
Disclaimer:
The above information might not apply if both parties are non-Muslim. Starting from the 1st of February 2023, UAE issued specific family law to be applied between non-Muslim expat residents in case none of them wanted to apply his/her home country’s law in the UAE. To know more information about this law, please feel free to click this link
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