Divorce as Defined Under the New Law
Under the Personal Status Law, divorce is defined as the termination of a legally binding marriage contract between spouses. Article 98 outlines the grounds for divorce and who can file for it. The husband has the right to file for divorce, whereas the wife needs either a contractual right to file for divorce or legal grounds of "harm" to file for it.
How is a Divorce Decree Issued?
A divorce decree can be issued verbally or in writing. According to UAE personal status law, either spouse can divorce the other by declaring "talaq," which is the Arabic phrase for "I divorce you". A divorce granted in this way will be legally binding for Muslims, but it will need to be recorded with the courts in the UAE.
Both parties can seek a divorce decree by petitioning the court directly. However, before referring a couple to the courts, they must first participate in mediation with the Family Guidance department, which is a special department regulated by the UAE laws located at the Dubai Courts and authorized to serve the matters amicably between parties through reconciliation or by having signed divorce agreements defines the parties' rights and obligations.
According to Article No. 16 of the UAE personal status law, divorce, custody, and financial claims will not be accepted at the court if it not has been presented first to the family guidance department.
If the Committee's mediators are unable to bring the disputing parties together, the case will be heard by a judge.
What are the Grounds for Divorce?
There are several grounds for divorce, which can include physical or mental incapacity, severe dishonesty, failure to pay dowry, disagreement between the partners that makes maintaining the marriage impossible, failure to provide financial support, absence of the husband and his whereabouts are unknown for more than a year, and criminal conviction punishable by more than three years in prison. The judge will make the determination based on the grounds presented.
Is Divorce Revocable Once Issued?
Divorce is revocable, but only after the woman has spent a waiting period (known as "idda") that typically lasts for around three months. During this time, the husband will pay for everything related to the wife. It's important to know during the idda, the couple can reconsider their divorce, and if they change their minds, they can continue their marriage.
Financial Rights After a Muslim Divorce
Let's talk about the financial rights that result from a Muslim divorce. A Muslim woman is entitled to financial support from her spouse for a period of around three months. However, after the necessary amount of time has passed, the Muslim woman will no longer be eligible for financial assistance. The husband's salary is used to calculate the monthly alimony payment.
If the husband owes the wife money such as he failed to provide her with financial support during the marriage, she can ask for reimbursement of expenses going back three years. If the divorce has not yet been finalized, the judge may order the husband to make temporary payments to the wife. Moreover, the wife has the right to ask the court to increase it by filing an appeal.
Finally, if a husband divorces his wife from a legitimate, consummated marriage without her request, the Muslim wife is entitled to demand compensation of up to one year's worth of her husband's salary.
If the couple has children, the father is responsible for paying all of the child's expenses. If the wife supported the kids within the marriage, she would have the right to claim for child support with backdated effect of up to one year.
In the meantime, she would have the right to claim for her own personal expenses with backdated effect of up to three years if the husband was not supporting her during the marriage.
The situation with regards to assets should be as follows, each party owns what's registered under his or her name, in other words the asset's title control the result. However, this rule has one exception, where each party can claim rights over the assets even if the property was not registered under the spouse's name, in case he or she could prove that financial contribution was made towards the assets from his bank account.
A father or husband cannot claim maintenance from his children or wife after divorce. If the husband fails to make payments, the wife can seek legal recourse. The judge has the option to order attachment of assets if the husband is unable to pay or is insolvent.
Originally published 2 May 2023
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.