When the communication link between spouses is severed, understanding becomes impossible, family problems escalate, separation between spouses becomes unavoidable, and divorce becomes the solution.
The Emirati legislator is concerned with family relations and the consequences of divorce, as well as ensuring that each party obtains his or her rights, whether Muslim or non-Muslim.
As a result, and in response to the growing foreign community in the country, the Emirati legislator enacted a new Law No. 41 of 2022 regarding the civil personal status of non-Muslims in the United Arab Emirates, which specifies the process for divorce, the procedures that must be followed, and the responsibilities that result from a separation that are binding on both parties.
As a result, in this article we will clarify the separation and the associated processes for Muslims and non-Muslims in accordance with the Personal Status Law and distinguish between both.
Divorce of Muslims in accordance with the law and Sharia.
The request for separation or divorce is before the court for the following reasons, as specified by the Personal Status Law:
- Separation based on a persistent cause of repugnant or harmful ills.
- Separation based on the failure of the husband to perform the wife's dowry.
- divorce for the harm with which it is not possible to perpetuate.
- If the husband refrains to spend on his wife
- If the husband is absent in a known location
- Separation based on Al Zehar" It is for a man to swear never to approach his wife".
However, divorce is by unilateral will of one of the spouses, according to Civil Personal Status Law No. 41 of 2022, as it suffices to request divorce when one of the spouses expresses before the court his desire to separate from the other party and not continue the marital relationship, without the need to justify that request or indicate any harm, as in the case (divorce in sharia law).
Procedures that must be followed to register a divorce lawsuit and its implications:
For Muslims, according to the same law and Islamic law: the aggrieved party or those wishing to divorce must resort to the Department of Family Guidance, and after presenting the file as an attempt to reconcile between the two parties, if the parties confirm the non-reconciliation, the file will be transferred to the court. Accordingly, the divorce lawsuit must be registered within two months from the date of referral of the file, and the person wishing to divorce must prove the harm incurred.
For non-Muslims, either spouse may request a divorce without the need to prove harm, and divorce takes place by a court ruling after notifying the other party of the first session.
Alimony for Muslims:
In the Personal Status Law for Muslims: The husband is required by law to pay alimony to his wife and children.
Alimony is calculated based on the husband's salary and earnings, which includes the following:
- The maintenance of the waiting period (Idah) and the maintenance of pleasure (motaa)
- The custodian's alimony.
- The alimony of the fostered child, including food, clothing, housing, education, transportation, and a maid.
The wife's alimony falls in the event of a divorce ruling, and in general, the two parties can waive their rights by acquittal, with the exception of the rights of the fostered children.
Alimony For Non-Muslims:
Article 9 of the new law states that when a divorced woman files for alimony and the marriage contract makes no mention of alimony or other financial arrangements, the matter is left to the judge's discretion.
The judge will determine alimony based on the following factors:
- Number of years married;
- The wife's age;
- Each spouse's financial situation;
- Contribution of the husband to the Divorce;
- Financial loss suffered by either spouse as a result of unilateral divorce Compensation paid by either spouse in lieu of damages inflicted on the other.
- Whether the mother is attentive to her children;
- The father undertakes the expenses and costs of the custodial mother of the children during joint custody for a temporary period not exceeding two years, according to the results of the accounting expert's report.
- The extent of the wife's interest in taking care of the children or not;
- In all cases, the wife's alimony is forfeited in the event of her marriage to another man, and in the event that her custody of the children ends for any reason, and a new application may be submitted to amend the alimony after each year or according to the change of circumstances.
Custody for Muslims:
According to the Personal Status Law for Muslims, the mother is the custodian of the boy until the age of eleven years. As for the girl, who is thirteen years old, the father may request custody after the legally specified age, but when the custody conditions are met.
Custody for Non-Muslims:
According to the law for non-Muslims, as Article 10 stipulates that custody of children is a joint and equal right for the father and mother after the divorce.
It is also a right for the children not to possess one of the parents without the other by raising and seeing the child, in order to preserve the psychological health of the child and limit the effects of divorce on the children.
However, the court may maintain an application by either party for granting custody to whoever is capable of achieving the best interests of the child or seeking to waive the right of custody or excluding the other party and forfeiting the right to custody because of non-eligibility, the danger of such custody, or the party failing to perform their duties.
In cases where joint custody is disputed, the court will have discretion in the decision, keeping in mind the best interests of the child.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
