ARTICLE
9 September 2016

UAE Family Matters Q&A: Can I Divorce My Husband Because He Beat Me?

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Dr. Hassan Elhais

Contributor

Dr. Hassan Elhais, a long-standing member of the prestigious Amal Alrashedi Lawyers & Legal Consultants, is a renowned legal consultant in the UAE, specializing in family law, criminal law, civil law, company incorporation, construction law, banking law, inheritance law, and arbitration. Dr. Elhais has gained wide recognition in the country, winning numerous awards and accolades. He was declared the Legal Consultant of the Year in 2026 by Leaders in Law. He was also elected as the co-chair of the ‘Relocation of Children Committee’ of the International Academy of Family Lawyers (IAFL), a worldwide association of practicing lawyers, widely regarded as the most experienced and skilled family law specialists in their respective countries. Dr. Hassan Elhais’s continued recognition in the 2025 Chambers and Partners rankings for Family/Matrimonial services to High-Net-Worth individuals in the UAE from 2022-2025.
I am a non-Muslim Asian resident and my husband beat me so badly I needed hospital treatment.
United Arab Emirates Family and Matrimonial
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Question: I am a non-Muslim Asian resident and my husband beat me so badly I needed hospital treatment. I filed a criminal case against him, and the court ruled that he was guilty. Can I file for divorce based on this judgment?

Answer: Yes, you may file for divorce based on the judgment issued by the Criminal Court. Under Article 122 of Federal Law No 28 of 2005, the Personal Status Law, you have the right to file for divorce on the basis of a criminal judgment that proves you have been harmed by your husband. In this case, the beating you have endured from your husband constitutes harm, confirmed by the court, and hence becomes a ground for divorce.

Question: My husband was not financially supporting me after our marriage ended so I got a court order against him that stated that he had to pay me alimony. However, he has since gone back to his home country although he has an apartment here in the UAE. Can I execute the judgment against his apartment?

Answer: According to the Personal Status Law, you have the right to execute the judgment against his apartment. You should be aware, however, that this is not possible if the apartment is under a mortgage.

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.

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