Divorce in the UAE
Divorce in the UAE

Divorce in the UAE

For Muslims in the UAE, divorce is the cancelling of the valid contract of marriage between the parties. The divorce can be commenced by the husband, or by the wife if her husband gave her the right to do so (Isma’) in the marriage contract. If the wife is not given the right to divorce the husband within her marriage contract, she may still do so for reasons of ‘harm’. The definition of harm is wide ranging and includes the 7 grounds for divorce set out below. file divorce online Utah

There are 2 routes to obtain a divorce:

1. The first is by pronouncing the ‘Talaq’ (which means ‘I divorce you’ in Arabic). The husband or wife (if she has ‘Isma’) must say or write ‘I divorce you’ or ‘Talaq’ in the presence of a witness. For Muslims, religiously this is a valid method of divorce however, for the divorce to be legally recognized it should be registered with the court, this allows documentary evidence of the divorce to be relied upon in court in the future. (Article 106 Personal Status Law states ‘divorce is considered valid when…the judge authenticates it’). If there is a dispute as to whether the Talaq was pronounced, the witness would be able to give evidence at court. There are financial implications for a spouse that commences a divorce by pronouncing the Talaq without the consent of their spouse.

2. The second method of obtaining a divorce is by application to court (‘separation by way of a judgment’). The applicant will issue a divorce case and the parties will be referred to the Family Guidance Committee, which forms part of the court.

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