Divorce is a fundamental feature of UAE family law applicable to Muslims as well as non-Muslims. Muslims' personal family matters are governed by Federal Law No. 28 of 2005 on personal status law; non-Muslims' personal family matters are governed by Federal Decree-Law No. 41 of 2022 and Abu Dhabi Law No. 14 of 2021.
Muslims Divorce Under Federal Law No. 28 of 2005
Federal Law No. 28 of 2005 on Personal Status defines divorce as the dissolution of the marriage contract, which the husband can initiate. There are certain circumstances in which a wife may have the legal right to file for divorce. These circumstances include those that are outlined in the marriage contract or when there is harm.
In accordance with the Personal Status Law, the word talaq must be declared in the presence of a witness in order to establish a divorce that is legally enforceable. Divorce can be declared orally, in writing, or by understandable actions. Divorces must be registered with the courts in order to be recognized in the UAE. In accordance with Article 98/3, the Family Guidance Committee is required to mediate the dispute between spouses in order to encourage reunion before taking the matter to court.
In accordance with Federal Law No. 28/2005, there are particular circumstances that must be met before a spouse can initiate the process of divorce or separation.
If a spouse discovers a serious defect such as mental health or physical condition, that prevents physical interaction or is impossible (Such as insanity leprosy, or physical condition), they may seek to end the marriage, However, this right is forfeited if the defect was known and accepted. But the wife’s right to seek divorce due to such defects is always preserved which is stipulated under Article 112.
Divorce Grounds (Article 114): Either spouse may seek divorce under the following circumstances:
- Deceit: Divorce may be initiated if one spouse deceives the other or withholds important information that influenced the marriage decision.
- Sterility: If, after five years of marriage, one spouse is found to be sterile and the couple has no children, the other spouse can apply for a divorce if they are younger than 40.
- Criminal Behaviour: Conviction for crimes like adultery can be grounds for divorce.
- Contagious Disease: If one partner has a serious contagious disease (like AIDS) that puts the other partner or any future children in danger, the judge may order the divorce.
- Non-Payment of Dowry (Article 116): In a non-consummated marriage, a wife may seek divorce if her husband fails to pay her dowry, especially if he is insolvent or has no available funds.
However, any unpaid dowry is still considered a debt owed by the husband in consummated marriages, and divorce cannot be requested for these reasons.
- Harm or Hostile Relations (Article 117): If one spouse experiences harm or a hostile environment that makes the marriage untenable, they may request a divorce. Reconciliation measures must be initiated prior to the divorce process.
- Non-Support (Article 124): A wife can request a divorce if her husband fails to provide financial support and does not have the means to do so. If he claims insolvency without proof, the judge may grant the divorce after giving him one month to fulfill his obligations.
- Absence of Husband (Articles 129-130): After giving sufficient notification, a wife may file for divorce if her husband no longer resides at a known address. A year after submitting the claim, she may file for divorce pending an investigation if it remains unknown where he is.
- Imprisonment (Article 131): A wife may request divorce if her husband is sentenced to at least three years in prison and has served one year, provided he has at least six months left to serve.
- Intimacy Issues (Articles 132-134): If a husband vows to avoid intimacy with his wife for four months or more (Article 132), she may seek a non-retractable divorce.
The wife is required to wait approximately three months (idda) after the divorce process initiates to find out whether she is pregnant. If she is pregnant, the waiting period extends until the child is born. During this period, the wife's expenses are the responsibility of the husband. Furthermore, the idda period allows both parties to reconsider their opinions and, if they decide, terminate the divorce and reconcile.
Non-Muslim Divorce Under Federal Decree Law No. 41 of 2022 and Abu Dhabi Law No. 14 of 2021:
The provisions of the previously established Abu Dhabi Law No. 14 of 2021 are followed in the new Federal Decree-Law No. 41 of 2022. These laws will now govern marriage and divorce, among other family matters for non-Muslims.
Article 1 of Abu Dhabi Law No. 14 of 2021 on Civil Marriage governs both male and female non-Muslim foreigners and UAE citizens. Additionally, Article 7 of the aforementioned law (Divorce Procedures), which allows either spouse to file for divorce without the need to establish harm or wrongdoing, by submitting the application according to the procedure prescribed, the divorce is finalised during the initial session without the need for family guidance sessions. Once the court issues an order and the other spouse is informed, the divorce is considered official.
Similarly, the Federal Decree Law No. 41 of 2022 under Articles 7 and 8 allows either spouse to request a divorce by expressing their desire to the court to end the marriage. There is no requirement to provide an explanation, establish any harm, or assign blame; the process may begin with the simple expression of a desire to separate. The divorce is finalized during the first session without the need for family guidance sessions if a court application is submitted in accordance with the prescribed procedure. The divorce is deemed official after the court issues an order and notifies the other spouse.
Article 8 of the Abu Dhabi civil law and Article 9 of Federal Decree-Law No. 41/2022 both state that a divorced woman may file a petition with the court for alimony from her ex-husband after the execution of a divorce judgment. A standard form will be used to process any applications submitted after the divorce. If the terms of alimony or other financial claims are not specified in the marriage contract, the judge will make a decision based on the following considerations:
According to the aforementioned laws, which state that higher alimony is often the outcome of longer marriages, typically, older wives obtain more alimony than younger wives. For the purpose of evaluating the financial status of each spouse, the court can appoint an accounting specialist. Further, the law states that the determination of alimony will be influenced by the husband's negligence or liability. Either spouse may receive compensation for any material or mental damage resulting from the divorce. According to a report by an accounting expert, the father is required to pay the mother's child custody expense for a maximum of two years during joint custody. And the court may also consider the wife's commitment to raising the kids, and it will be assessed. If the wife remarries or loses custody of the children for any reason, alimony will be forfeited. To establish a valid divorce under Sharia law, the word talaq must be declared in front of a witness. Divorce can be declared orally, in writing, or by understandable actions. Divorces must be registered with the courts in order to be recognized in the UAE. Federal Decree-Law No. 41/2022 and Abu Dhabi Law No. 14/2021 have made significant changes to family laws in the UAE for non-Muslims. Non-Muslims have the right to a speedy divorce process when Muslims comply with the provisions of Federal Law No. 28 of 2005.
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About the Author
Dr. Hassan Elhais publishes analysis of UAE family law matters, including divorce, separation and related family-law questions. For readers researching divorce lawyers in Dubai, his writing offers insight into the legal questions surrounding these topics. Explore his published work and practice-area information for further context.
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