August 15, 2024 Divorce in the UAE: Procedures, Reasons, and Consequences Share Divorce is a social phenomenon that has increased in many societies, including the United Arab Emirates. Divorce procedures, reasons, and consequences in the UAE vary based on local legislation and social traditions. Understanding the legal procedures, economic, and social consequences of divorce requires careful attention, highlighting the importance of seeking legal advice from specialized lawyers. Legal Procedures for Divorce in the UAE Divorce Among Muslims in the UAE Divorce among Muslims in the UAE is governed by the Personal Status Law based on Islamic Sharia. The basic procedures include: Filing for Divorce: Either the husband or wife files a divorce petition with the Sharia court. Reconciliation Sessions: The court first attempts to resolve the dispute through reconciliation sessions. If these sessions fail, the court issues a divorce decree. Issuance of Divorce Decree: If reconciliation fails, the court issues a divorce decree, detailing child custody, property division, and alimony. Divorce Among Non-Muslims in the UAE Divorce among non-Muslims is governed by the civil personal status laws applicable to expatriates in the UAE. Procedures may vary based on the nationality of the parties and the personal status system of their home country, but the basic steps include: Filing for Divorce: Either the husband or wife files a divorce petition with the civil court. Reconciliation Sessions: The court attempts reconciliation through sessions. If unsuccessful, the court issues a divorce decree. Issuance of Divorce Decree: If reconciliation fails, the court issues a divorce decree, detailing child custody, property division, and alimony. Required Documents Copy of the marriage certificate. Proof of identity (passports and ID cards). Documents proving the reasons for divorce (if any), such as police reports or medical certificates. Relevant Laws for Divorce in the UAE Regarding divorce, the UAE law relies on Federal Law No. 28 of 2005 on Personal Status, which regulates issues of marriage, divorce, alimony, and custody. Article 118 of the law states that a wife has the right to seek divorce if she suffers harm, whether physical or psychological. Common Reasons for Divorce Incompatibility: One of the primary reasons for divorce is the incompatibility between spouses regarding values and life goals. Couples may face irreconcilable differences, leading to the decision to divorce. Infidelity: Infidelity is a major reason for divorce in the UAE. Statistics indicate that a significant proportion of divorce cases result from marital infidelity. Financial Problems: Financial challenges and the inability to meet family needs can lead to divorce. According to a study by UAE University, about 25% of divorce cases are due to financial issues. Family Interference: Interference by parents and relatives in the couple’s life can lead to relationship tension and subsequently divorce. Data indicates that external interferences account for about 15% of divorce reasons. Statistics According to a report by the Abu Dhabi Judicial Department in 2022, divorce cases increased by 5% compared to the previous year. Data from Dubai courts also indicate that there are more than 4,000 divorce cases annually, with a rise in cases among newlyweds. Recent Statistics Recent data from Dubai courts indicate that approximately 25% of divorce cases in Dubai involve marriages that did not exceed the first five years, highlighting the challenges faced by young couples. Additionally, 10% of divorce cases in the UAE involve expatriates, reflecting the cultural and social challenges that may arise in marriages between different nationalities. Economic and Social Consequences of Divorce Property Division: Property is divided between spouses based on the law. Property division can be complex and requires a thorough assessment of shared assets. According to Article 76 of the Personal Status Law, property is divided based on the financial contribution of each party. Alimony: The husband may be required to pay alimony to the wife and children if they are under her custody. Article 63 of the law regulates alimony and specifies how it is calculated based on the husband’s income and family needs. Social Consequences Impact on Children: Divorce can have a significant impact on children in terms of psychological and emotional stability. Children may face difficulties adjusting to changes resulting from divorce. Social Stigma: Divorced women may face social challenges due to the stigma associated with divorce in some communities. In the UAE, many governmental and non-governmental organizations work to provide psychological and social support to divorced women to help them overcome challenges. Psychological and Social Support Governmental and non-governmental institutions play a crucial role in supporting divorced women and children affected by divorce. These institutions provide counseling and psychological support services, as well as rehabilitation programs to help divorced women build independent lives. Role of Lawyers and Legal Advisors Lawyers and legal advisors play a vital role in helping individuals deal with divorce cases. They can provide legal advice, represent clients in court, and assist in preparing necessary documents. Lawyers help interpret laws and offer advice on the best ways to protect the client’s rights. Choosing the Right Lawyer It is important to choose a lawyer experienced in divorce and personal status cases. The lawyer should be well-versed in local laws and legal procedures related to divorce in the UAE. Real-Life Cases Foreign women married to Emirati citizens may face additional challenges when seeking divorce, such as issues related to child custody and travel arrangements. These cases are highly complex and require specialized legal advice to ensure the protection of both parties’ rights. Differences Between Muslim and Non-Muslim Divorce Divorce Among Muslims Divorce among Muslims in the UAE follows Islamic Sharia rules, which include unilateral divorce (triple talaq), mutual consent (khula), or judicial divorce (talaq by court decree). For unilateral divorce, the husband must pronounce divorce three separate times for the final third pronouncement to become irrevocable, preventing the husband from remarrying the wife unless she marries and divorces another man. In khula, the wife agrees to pay a financial compensation to the husband in exchange for divorce. Divorce Among Non-Muslims Divorce among non-Muslims follows the civil personal status laws of the UAE, which may vary based on the nationality of the parties and the applicable law according to their home country’s personal status system. If the laws of the parties’ home country differ, the UAE court may apply foreign laws based on international agreements and federal laws. For instance, divorce may be subject to the legal systems of the home country if mentioned in the marriage contract or previously agreed upon. Key Differences Applicable Laws: Divorce among Muslims follows Islamic Sharia, while divorce among non-Muslims may follow the UAE’s civil laws or foreign laws based on the nationality of the parties. Procedures: Divorce procedures differ between Muslims and non-Muslims, with procedures potentially being more complex and time-consuming for non-Muslims. Acceptable Reasons: Acceptable reasons for divorce may differ between Islamic Sharia and civil laws. Islamic Sharia includes reasons like marital infidelity, abuse, and harm, while civil laws may include reasons such as incompatibility and financial problems. Conclusion Divorce in the UAE requires a detailed understanding of legal procedures and economic and social consequences. It is important to seek qualified lawyers to ensure the rights of affected parties and mitigate the consequences of this decision. Amid ongoing social and economic changes, divorce remains a sensitive issue that must be handled with care and deep understanding. As the number of divorce cases increases, it becomes essential to provide legal, psychological, and social support to affected parties to ensure justice and maintain social stability. Awareness and proper counseling can help reduce divorce cases and improve marital relationships. By choosing the right lawyer and understanding the applicable laws and procedures, affected parties can make informed decisions that protect their rights and mitigate the negative impacts of divorce on their lives and the lives of their children. Published by Mohamed Elbeltagy
