What is the divorce law in the UAE? What are the divorce procedures that must be followed? What are the types of divorce? And What is the difference between them? These questions concern many residents of the UAE or those who are subject to the divorce law in the UAE. It is one of the most critical questions that every person on the verge of divorce must know the exact answers to. Therefore, in this article, we will work to answer all these questions in some detail. In addition to discovering the different procedures that can be followed in cases of divorce in the UAE.
What are the reasons for the annulment of the marriage contract or the separation between spouses?
The divorce law in the UAE stipulates some conditions that may lead to the annulment of the marriage contract; The most important of these reasons are:
1- If it contains an impediment that is inconsistent with its requirements, or something has occurred to it that prevents its continuation according to Islamic law.
2 – The division between the spouses by divorce, annulment, or death.
3- The court should try, before separating the spouses, to reconcile the differences.
4- If the divorced woman remarries another man, the divorce of the ex-husband is destroyed.
The UAE Divorce Law provides for different types of discrimination between spouses, including divorce, khul’, and severance. Below, we will try to identify each type and the divorce procedures that are followed in each case.
First: What is a divorce in the UAE?
The UAE Divorce Law defines and clarifies the concept of divorce. The Personal Status Law in the UAE states that divorce is the dissolution of a valid marriage contract in the form prescribed for it by Sharia. The divorce occurs verbally or in writing, and when they are unable to do so, it is by an understandable sign. Of course, the wife does not get divorced unless she is in a valid marriage and not in the waiting period.
What are the types of divorce in the UAE?
The Personal Status Law in the UAE defines the types of divorce in two main types: revocable divorce and irrevocable divorce. The difference between them is:
- Revocable divorce does not terminate the marriage contract until the expiry of the waiting period. The UAE Divorce Law stipulates that every divorce is revocable, except for the three complementary divorces, the divorce before consummation, and what is specified in the text.
- An irrevocable divorce terminates the marriage contract at the time of its occurrence, and it is of two types:
- An irrevocable divorce is a minor Baynunah, after which a divorced woman is not permitted to her divorced one except by a new contract and dowry.
- An irrevocable divorce is a significant compensation after which a divorced woman is not permitted to her divorced woman except after the expiry of her waiting period from another husband who entered into a valid marriage with her.
What is the authority issued by the divorce in the Emirates?
The divorce law in the UAE states that the latter falls from the husband or his agent with a special agency or the wife or her agent with a special agency, according to what was agreed upon in the marriage contract. Divorce must also be documented by the procedures followed in the court. Where the divorce is proven before the judge with the testimony of two witnesses or by acknowledgment, the judge issues his ruling after verifying the availability of either of these two matters. Concerning the date of divorce, it is attributed to the date of the acknowledgment unless a previous date is established for the court.
What are the conditions for valid divorce law in the UAE?
For the divorce to be valid, it must fulfill some conditions that we can summarize as follows:
- Divorce that is conditional on doing or leaving something does not occur unless intended to divorce.
- Divorce does not take place by perjury or oath of divorce unless it is intended to divorce.
- A divorce that is repeated or associated with the number verbally, in writing, or a sign only takes place in one divorce.
- Divorce added to the future does not occur.
Once the divorce occurred in the Emirates; The competent judge, upon the request of the concerned persons, issues an order determining the alimony of the woman during her waiting period, the alimony of the children, and the one who has the right of custody and visitation of the child in custody.
This article is considered a basis for guaranteeing the rights of a divorced woman and her children. However, in some cases, the man may wish to return or return his divorced woman before the end of her waiting period. The divorce law in the UAE has detailed this case, and we can learn about the conditions and procedures for returning a divorced wife in the following paragraphs.
What are the conditions for the husband to return a divorced woman in the waiting period?
Divorce law in the Emirates gives the husband the right to return his divorced woman revocably as long as she is within the waiting period, and this right does not fall by waiver of it. It may be with the consent of the guardian or by court order.
As for the occurrence of the return and the procedures for documenting it; It occurs verbally or in writing. When they are unable to do so, it is with an understandable sign, as it happens with the intention. The return must be documented, and the wife must be informed of it during the waiting period.
Second: Khula
The UAE Divorce Law defines khul’ as a contract between spouses. They agree to terminate the marriage contract with consideration or allowance made by the wife or others. It is valid in the name of the khul’ allowance as it may be called in the dowry, but it is not valid to agree to drop the alimony or custody of the children.
If the replacement is not valid in khul’; The divorce took place, and the husband deserved the dowry. While the validity of the allowance in khul’ requires the capacity of the one who gives it and the husband’s capacity to effect divorce. In other words, the khul’ is the dissolution of the marriage contract.
Third: Separation by the judge’s ruling
Among the forms of marriage dissolution included in the divorce law in the UAE; We find cases of differentiation by judge’s ruling. In these situations, the judge orders separation and annulment of the marriage if the conditions for this separation are met. The UAE Divorce Law has identified some cases of separation that we can review below.
1- Differentiate for reasons
The divorce law in the UAE provides for the possibility of separating the spouses in the event of some defects that prevent the stability of this marriage; Among these faults are:
- Suppose one of the spouses finds in the other a persistent ailment of repulsive or harmful defects, such as insanity, leprosy, and leprosy, or that prevents sexual pleasure such as impotence, horns, and the like. In that case, he may request the annulment of the marriage, whether that defect existed before the contract or occurred after it. But his right to annulment is forfeited if he became aware of the defect before the contract or accepted it explicitly or implicitly.
- Whereas the wife’s right to request annulment for a reason preventing sexual pleasure is not forfeited in any case.
- The court considers the case for the dissolution of marriage for sexual reasons in a secret session.
- If the ailments mentioned above are not reversible, the court shall immediately annul the marriage without respite. If its demise is possible, the court will postpone the case for an appropriate period not exceeding a year. If the cause has not been removed during that time and the annulment applicant insists, the court will annul the marriage.
- The UAE Divorce Law defines some cases in which each of the spouses has the right to request separation, which we can summarize as follows:
- If deception occurred on the part of the other spouse or with his knowledge that led to the conclusion of the marriage contract, and deliberate silence about an incident is considered deception if it is proven that the one who he deceived would not have concluded the marriage contract had he known of that incident.
- If it is proven by a medical report the sterility of the other, after a marriage that lasted five years, after medical treatment, and on the condition that the applicant has no children and that his age does not exceed forty years.
- If the other was sentenced for the crime of adultery and the like.
- If it is proven that the other is infected with a contagious disease of which there is a fear of death, such as AIDS and the like, and if it is feared that it will be transmitted to the other spouse or their offspring, the judge must differentiate between them.
It should be noted that the divorce law in the UAE stressed the requirement to seek the assistance of a specialized medical committee to find out the defects for which the separation is sought. The differentiation in these cases is the dissolution of the marriage contract.
2- Separation for not performing the current dowry
In this type of separation, the wife who has not consummated the marriage is judged to be separated because the husband did not pay her dowry in the following two cases:
- If the husband has no apparent money, the dowry is taken from him.
- If the husband is a hardship or of unknown condition, and the deadline set by the judge for the payment of her current dowry has expired, and he has not paid it.
- After entering the group, the wife is not judged for not paying her current dowry, and it remains a debt owed by the husband.
3- Differentiating between harm and discord
In this kind of differentiation, each spouse has the right to ask for a divorce on the grounds of harm that makes it impossible to maintain good relations between them, and neither of them forfeits the right to do so unless it is proven that they have reconciled.
In this case, by Article 16 of this law, the Family Guidance Committee undertakes the Reform between the spouses. If it is unable to do so, the judge shall present the conciliation to them. If the damage is not proven and the damage is proven, a divorce ruling is issued.
But if the damage is not proven, the case is rejected. And if the rift between the spouses continues; The aggrieved party may file a new lawsuit. Suppose the Family Guidance Committee and the judge are unable to reconcile between them.
In that case, the judge shall appoint two judgments from their families, if possible, after assigning each of the spouses to name a judgment from his family as much as possible in the next session at most, otherwise appoint someone who has the experience and ability to Reform if one of the spouses fails to name his judgment, or fails to attend this session. This judgment is not subject to appeal.
In this case, the two arbitrators must investigate the causes of discord and make efforts to reconcile the spouses. The refusal of one of the spouses to attend the arbitration session when he was notified of the specified session, or subsequent sessions, if there is a break between them, does not affect the progress of the work of the two arbitrators.
Suppose the two arbitrators cannot reconcile between the spouses. In that case, the court must present the recommendations of the two arbitrators to the spouses and invite them to conciliation before issuing the ruling to separate them. If reconciliation is not possible between the spouses, and the abuse is all on the husband’s part.
The wife is the one who is requesting the separation, or each of them is a student; the two judgments recommend separation with an irrevocable divorce and an appropriate allowance paid by the husband without prejudice to any of the marital rights resulting from marriage or divorce.
But if reconciliation is not possible between the spouses, and the abuse is all on the wife’s part. The husband is the one who is requesting the separation, or each of them is a student; the two judges recommended partition in return for an appropriate allowance that they estimate to be paid by the wife unless the husband adheres to her. The court takes into account the interest of the family.
If reconciliation is not possible between the spouses and the abuse is joint, the two arbitrators recommend a separation without an allowance or an allowance proportional to the percentage of the offense. Suppose reconciliation between the spouses is not possible.
The situation is unknown, the offender is not known, if the husband is the one who is requesting separation, the two arbitrators suggest rejecting his claim, and if the wife is the requester or both of them are demanding separation, the two arbitrators shall have the option of what they deem appropriate for the situation of the family and children in differentiating between them without an allowance. Or refuse to distinguish between them.
4- Differentiate for not spending
This type of separation is determined if the present husband refrains from spending on his wife and does not have apparent money that can be implemented with the obligatory alimony; in a short period, his wife may request separation. If he claims that he is insolvent and does not prove his insolvency, the judge shall divorce him immediately.
Likewise, if he does not claim that he is solvent or insolvent, or claims that he is solvent, and insists on not spending, and if it is proven that he is insolvent, the judge will give him no more than a month, and if he does not spend, the judge will divorce him.
5- Differentiation of absence and loss
The divorce law in the Emirates grants the wife a request for divorce due to her husband’s absence, whose country or place of residence is known, even if he has money from which alimony can be collected. Year. The wife of the missing person, whose place of residence is unknown, may request a divorce, and she is not judged for this until after investigation and search for him and the lapse of one year from the date of filing the case.
6- Separation for imprisonment
Here, the divorce law in the Emirates grants the wife of a detainee. A final ruling sentences her to a penalty restricting freedom for three years or more, the right to ask the court, after one year of imprisonment, to divorce him irrevocably, even if he has money from which she can spend.
If the wife was also imprisoned and she left without him, she may request separation after a year has passed since her release with the same previous conditions. In these two cases, the wife is required to rule; The husband shall not be released from prison while the case is considered or shall not remain in jail for less than six months.
7- Distinguishing for showing and showing off
The divorce law in the Emirates gives the wife the right to ask for divorce if her husband swears not to engage with her for four months or more unless he fulfills it before the end of the four months, and in this case, the divorce is irrevocable.
The wife has the right to ask for a divorce to appear. In this case, the judge shall warn the husband to expiate for zihaar within four months from the date of the oath if he refuses without an excuse; The judge’s ruling on divorce doomsday.
In all these cases, while considering the divorce case, the judge must decide what temporary measures he deems necessary to ensure the maintenance of the wife and children and what is related to their custody and visitation at the request of either of them.
Proceeding from the preceding; We have learned about the divorce law in the UAE, through the types of divorce and cases of discrimination between spouses, and the divorce procedures that must be followed. This gives you accurate knowledge of all stages and processes for divorce in the UAE.
If you want to see more details or articles of the divorce law in the UAE, based on the personal status law. You can also view the latest decree of the Personal Status Law and the articles related to the divorce law in the UAE from here.