Case Summary: Divorce case involving a Lebanese Christian couple where the wife seeks divorce from her husband, and custody of their 5-year-old daughter, along with alimony and a sum of money that the wife claims was borrowed from her, by the husband. The alimony requested by the wife included a temporary alimony to be paid during the period of the ongoing case, alimony for three years preceding the filing of the case, maintenance to be paid for the waiting period, child support, custody charges, rent for the custodial home, provisions for a servant and a car, health insurance for the child and other miscellaneous expenses. The wife claimed that her husband was verbally and physically abusive towards her during their marriage, in addition to being negligent towards her physical needs. He allegedly also refused to provide financially for her and the child, forcing her to meet the expenses of the family, despite him being wealthy and owning multiple assets across the Middle East. Previous to filing this case, the husband moved to a separate bedroom of the house, refusing to be in the marital quarters. The husband is also said to be hostile towards the wife’s family. The wife claimed that she did not feel safe with her husband anymore and requested complete custody of the child, without interference from the husband, except as provided under the Sharia Law.
The husband in turn requested the court to reject the case as a petition for divorce was already filed in his home country Lebanon where the case was pending. He also requested the court to try the case under the laws of his country and religion. He specified that he moved out of their marital bedroom because his wife forced him to do so. He admitted to asking his wife to share in the expense of the house. Moreover, the husband claimed to be in the process of buying a house for the wife, and also having contributed money towards another house bought by the wife. He requested the court to allow him visitation rights, to visit his daughter for four days every week.
First Instance Court (“CFI”) findings: The Court held that even though a divorce case was ongoing in the couple’s home country, CFI was still qualified to hear the case as per Articles 5, 9 and 2-1 of the Emirati Federal Law No. 28/2005. Additionally, no final decisions were passed in the cases pending before the Courts in Lebanon. However, the court granted the husband’s request to apply the laws of his religion and country, as per Article (1-2) of the Federal Personal Status Law which states that the provisions of the law will be applicable to all citizens of UAE unless Non-Muslims among them have provisions specific to their religious community or denomination. As per a ruling by the Court of Cassation in Appeal No. 262/2014, Appeal No. 254/2014, if the foreign law does not include an applicable text to the dispute at hand, then the Federal Personal Status Law will apply.
According to Article 8 - Law 853, Law 863-1, and Law 864 of Chapter 16 - Divine Worship, especially the Sacred Mysteries, divorce between a married couple is allowed only in the following cases- in the event of adultery without forgiveness from the other spouse; and if one of the spouses endangers the life of its spouse or children or exposes them to extreme hardship. As these two conditions do not apply in this case, the court rejected the wife’s request for a divorce. However, the court granted her custody of the child as per Article 119, 122 and 123 of the Personal Status Law for the Catholic Sects (2006).
Visitation rights was granted to the husband for two days every week, as per Article (154-1) of the Federal Personal Status Law No. 28 of 2005. The court also ordered the husband to pay the alimony charges as requested by the wife, except her request for maintenance during the waiting period, and custody charges. The Court reasoned that as the couple is not divorced, the concept of waiting period does not apply. Additionally, her request for charges towards a car and a maid was also rejected as she already owned a car and there were no specific provisions regarding wages for a maid. The request for a health insurance card to be provided by the husband was also rejected as the child already had health insurance. The wife’s claim that the husband had borrowed substantial money from her was rejected by the court due to lack of evidence.
Court of Appeal findings: Both parties appealed the rulings of CFI thus leading to the review of the case. The Husband reiterated that the court erred in admitting the petition for divorce while a case for the same was pending before a court in his home country. He also requested that the alimonies charges be quashed by the court and the amount decided for child support be reduced in half. He reasoned that as per Articles 139, 142, 143-1 of the Personal Status Law on the Principles of Trials among the Catholic Sects, alimony need not be provided to a working woman. Likewise, according to Article 160 of the same, alimony is not granted to a wife who has been disobedient toward her husband and abandoned the matrimonial house, as was the case in their marriage. The court rejected all the requests made by the husband in his appeal. His claim of disobedience by the wife was rejected on the fact that he was charged by the Dubai police for assault and causing bodily injury to his wife, thus validating her decision to move out of the matrimonial house.
The wife, in her counter appeal, requested that the court allow all her original requests for divorce and that UAE’s Personal status Law be applied to her case. Both requests were rejected for the same reasons provided by the Court of First Instance. Her request to the court to order her husband to pay the sum of money borrowed by him was again rejected due to lack of evidence. The wife requested the court to reduce the number of days of visitation from two days a week, to a single day per week, as the original order was disrupting the child’s studies. This was duly allowed by the court. The Appeal Court overturned the Court of First Instance’s order regarding an Insurance card for the child. The Court held that as medical expenses fall under the ambit of Article 139 and 167-1 of the Personal Status Law on the Principles of Trials among the Catholic Sects, and as the existing Health Insurance was soon expiring, the husband is liable to provide a health insurance card and also cover all medical expenses that are not covered by the health insurance. Additionally, as the wife was able to prove that the husband held immense wealth and assets, the Appeal Court amended the alimony amount, the child support amount and the housing allowances liable to be paid by the Husband.
Court of Cassation findings: The husband appealed the decisions of the Court of Appeal and requested that they be quashed on the grounds of miscarriage of justice and application of the law, lack of causation, and invalidity of evidencing. The wife requested the court to dismiss the appeal by the husband before the court. The appeal was duly rejected and dismissed by the court and the husband was charged with payment of the expenses, attorney’s fees, and confiscation of the deposit amount.
In Conclusion, the UAE laws are explicit that personal laws of a Non-Muslim couple is to be applied as the governing law, except in instances where the foreign law does not contain the applicable text. As the catholic laws do not allow divorce of a married couple except under extremely serious circumstances, the UAE courts adhered to the same principle in this case, rejecting the wife’s request for a divorce. However, the alimony and custody of the child was granted to the mother as per the applicable laws.
Citation: Cassation Appeal No. 304 of 2023, Personal Status Appeal
Frequently Asked Questions
1. Can a wife file for divorce in the UAE if a case is pending abroad?
Yes. The fact that a divorce case is currently pending in a foreign country does not stop a wife from filing a new case in the UAE. UAE courts act independently and are fully competent to hear the dispute under local personal status laws, provided there is a jurisdictional connection like active residency. Parallel proceedings abroad are generally ignored by the local judiciary unless the foreign court has already issued a final, non-appealable judgment on the marriage that has been officially ratified by the UAE courts.
2. How do UAE courts determine whether to apply foreign religious laws to non-Muslim expats?
UAE courts do not apply foreign religious or denominational laws (such as canonical or sectarian codes) to non-Muslim expatriates. Under the unified secular framework of Federal Decree-Law No. 41 of 2022 on Civil Personal Status, the choice of law is determined strictly by national jurisdiction, not religious affiliation. By default, all non-Muslim family disputes are governed by the UAE's local, secular Civil Family Law, which features no-fault divorce and joint custody. However, a party has the statutory right to request the application of their home country's legislation instead.
3. What are the strict legal grounds to get a Catholic divorce in Dubai?
Dubai courts do not recognize or apply religious Catholic grounds for divorce. Non-Muslim family matters are handled exclusively under the secular Federal Decree-Law No. 41 of 2022 (Civil Personal Status Law). Under this modern framework, divorce is entirely no-fault. A plaintiff does not need to provide evidence of adultery, spousal danger, or extreme hardship. The court will grant the dissolution simply based on the unilateral wish of either spouse to separate, without requiring any justification or apportionment of blame.
4. Could a court in UAE refuse a divorce but award the mother custody of the children?
A. Yes. UAE courts treat divorce and child custody as entirely separate legal matters. If a wife's primary lawsuit for divorce is rejected—due to a lack of sufficient evidence of marital harm—the court can still legally award her custody of the minor children. The continuation of the marriage contract does not block a custody award. If the parents are residing in separate households during the dispute, the court will issue a custody ruling based strictly on what serves the child’s welfare, independent of the status of the marriage itself.
5. Is a wife entitled to leave the matrimonial home in Dubai when accused of domestic assault?
Yes. Under UAE jurisprudence, a woman has the absolute right to leave the matrimonial home if she experiences physical abuse or domestic violence. If the husband attempts to file an action for spousal disobedience or unlawful abandonment under the Personal Status Law, the court will dismiss his case upon presentation of a validated police report or medical evidence of assault. The court will rule her separation legally justified, preserving her right to continuous financial support. Under the non-Muslim Civil Family Law track, she faces no legal penalty or obedience claims for moving out under any circumstances.
About the Author
Dr. Hassan Elhais publishes educational analysis of UAE personal status and family judgments, including divorce, maintenance, child custody and inheritance. For readers researching family lawyers in Dubai, his case-study writing provides context for the issues considered by the courts. These educational summaries do not imply that the cases were handled by the author or his team.
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