ARTICLE
2 February 2017

UAE Family Matters Q&As: Can My Husband Divorce Me Over A Petty Issue?

AM
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.
Question: My husband is planning to divorce me on a very petty issue. Do you think Dubai Courts would allow a divorce on these grounds, even though it's a matter that could have been resolved between us?
United Arab Emirates Family and Matrimonial

Question: My husband is planning to divorce me on a very petty issue. We are finding it difficult to live with his brother under the same roof. I told him to get me a separate apartment in Dubai but he has refused and has chosen to divorce me instead. Do you think Dubai Courts would allow a divorce on these grounds, even though it's a matter that could have been resolved between us?

Answer: Unfortunately, your husband has the right to claim for divorce regardless of the reasons or grounds. But you would still have the right to claim compensation, or Nafakkit Muttaa, per Article 140 of Federal Law No 28 of 2005 - the Personal Status Law. This article states that "if the husband divorced his wife who married him a correct marriage without any reason or demand on her side, she would deserve compensation after divorce, in addition to the period of waiting expenses according to the situation of the husband". You also have the right to claim other financial rights such as unpaid dowry and unpaid financial support backdated to 36 months.

Question: My husband was a victim of theft. His wallet was stolen and he referred the matter to the police. Does he have a right to claim compensation?

Answer: The law gives the right to all victims, in any crime, without exception, to claim compensation. This right is given during the criminal procedure and before a judgment is given from the court of first instance. The law does not cite minimum or maximum limits for compensation, leaving it to the discretion of the court. The criminal court can decide on a civil claim raised during criminal proceedings, with the following expected outcomes: (a) if the accused is guilty, the court will have the discretionary power to award the full compensation or part of it; (b) if the accused is found guilty, the court has the discretionary power to refer to the civil courts for compensation; (c) if the accused is not found guilty, then it is likely that they will not award any compensation.

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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