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In the UAE, divorce and related matters are governed by the UAE family Law. Due to the presence of various communities coexisting in the country, the UAE government has enacted separate laws for Muslim and non-Muslim citizens and residents. Thus, the UAE family law is provided under three main laws. Federal Decree Law No. 41 of 2024 governs the personal status matters of Muslims throughout the UAE ("Federal Personal Status Law"). On the other hand, non-Muslims in the UAE except in the emirate of Abu Dhabi is governed by Federal decree Law no. 41 of 2022 ("Federal Civil Personal Status Law"), while the non-Muslims within Abu Dhabi is governed by Abu Dhabi Law No. 14 of 2021 ("Abu Dhabi Civil Personal Status Law").
Divorce under the Federal Personal Status Law
Under the Federal Personal Status Law governing Muslims in the UAE, divorce is one of the ways of separation of spouses. Divorce is defined under Article 53 as the dissolution of the marriage contract by the will of the husband through a word indicating it. The article further explains that the divorce may be stated explicitly or implicitly if the intention of the husband is to divorce his wife. Divorce through text message
Article 56 of the Federal Personal Status Law provides instances where divorce will not be deemed to have taken place. As per this Article, divorce will not be considered to have occurred if it was carried out under intoxication, or when the husband was of an unsound mind. Similarly, Divorce is not said to have occurred if it was said under external compulsion, or in intense anger that prevented the husband from controlling his words. Moreover, if the divorce is contingent on the occurrence or non-occurrence of a particular event, it will be considered invalid, unless the intention of the divorce can be proven.
If the divorce is communicated by the husband via text messages, it will be considered valid, unless one of the above conditions are applicable to the divorce. Thus, if the divorce was communicated under compulsion, or in a state of intoxication, it shall not be considered valid.
Registration of Divorce
After the communication of the divorce, it must be registered with the competent authorities within 15 days from the date it was executed. The 15 day time limitation is not applicable to the wife's right to file a lawsuit to confirm the divorce.
According to Article 58 of the Federal Personal Status Law, if the husband fails to register the divorce within 15 days, the wife is entitled to be compensated for the delay. This compensation will be equal to the alimony from the date of the divorce, until the date of registration.
Legal Requirements Post Divorce
Upon the execution of the divorce, as per Articles 81 to 85, a divorced woman is required to observe a waiting period before entering into another marriage. This waiting period is referred to as Iddah. Upon being divorced by her husband, if the woman is pregnant, the iddah period will last the entirety of her pregnancy. If the woman is not pregnant, the iddah period for a menstruating woman is 3 menstrual cycles, while the iddah period of a non-menstruating woman is 3 lunar months.
Divorce in case of non-Muslims
As explained above, the UAE has legislated separate family laws for non-Muslims. Under the Federal Civil Personal Status Law and the Abu Dhabi Civil Personal Status Law, non-Muslims are required to divorce through the UAE courts. However, the application for divorce does not require the need to prove harm or prejudice on the part of the spouse.
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.
