ARTICLE
30 May 2017

UAE Family Matters Q&As: Does Saying 'I Divorce You' Count If I Said It While Drunk?

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Dr. Hassan Elhais

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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 Muslim woman from Asia who was married to a fellow Muslim from the West. We divorced amicably but now we want to remarry. Is this possible in the UAE?
United Arab Emirates Family and Matrimonial
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Question: I am a Muslim woman from Asia who was married to a fellow Muslim from the West. We divorced amicably but now we want to remarry. Is this possible in the UAE?

Answer: The answer is yes. If it is your first or second divorce from the same husband, you have the right to marry him again with a new marriage contract and with new Dowry, in accordance with article 104 and 108 of Law 28 of 2005, otherwise known as the Personal Status Law and its amendments.

Question: I was drunk one night and fighting with my wife when I told her "I divorce you". I'm a Muslim man from Asia and I wanted to know if this divorce is valid? Could I perhaps claim in court that when I said the word divorce, I was drunk and not conscious of what I was saying?

Answer: Even if you were drunk, your divorce would still be valid, as per Article 101 of Law 28 of 2005 and its amendments. It is important to note that in accordance with Article 62 of UAE Civil Procedure Law, the prosecution has the right to press charges against you for illegal consumption of alcohol, if you claim that you were under the influence of alcohol.

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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