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August 31, 2021|
Infidelity is one of the grounds for divorce and in fact it remains one of the major grounds for filing for divorce. That said, however, much depends on how infidelity can be proven before the courts.
In this article we would elucidate the various types of evidences that may be used before a personal status court in the UAE in order to establish infidelity:
Article 356 of the Federal law number 3 of 1987 promulgating the Penal Code and its amendments (‘Penal Code’) has been replaced by the virtue of the Federal Decree-Law No. 15/2020 (‘Amendment’). Prior to the amendment the said article criminalized adultery and read as “Anyone who indulges in an indecent crime of assault with a mutual consent shall be punished by way of imprisonment for a minimum period of 1 (one) year.” Pursuant to the amendment Article 356 has been amended and criminalizes act of voluntarily sexual intercourse only when the following conditions occur:
As discussed, certain types of evidences and practices are specifically disallowed in the UAE courts when proving infidelity. This is because the UAE laws are very stringent in terms of protection of privacy of an individual or family. It should be borne in mind that certain type of witnesses are specifically not allowed to represent the interests of a person before the court, due to their relation with the said person, such as parents. It is always advisable to obtain proper legal advise and ensure that you are not breaching any local laws.
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