Guide to Harm-Based Divorce for Husbands in the UAE

The UAE Personal Status Law (Federal Law No. 28 of 2005) permits Harm-Based Divorce for Husbands in the UAE under Article 117, which states:
“Either spouse may request a divorce due to harm that makes it impossible to continue a marital life in kindness. The right to do so is not forfeited unless reconciliation is proven.”

In this article, we will discuss the circumstances under which a husband can file for Harm-Based Divorce in the UAE, the legal procedures, and a real-life case of a rejected harm-based divorce claim in Ras Al Khaimah courts. Additionally, we provide key legal advice to avoid the rejection of such claims and answer frequently asked questions based on UAE Personal Status Law.

When Can a Husband File for Harm-Based Divorce in the UAE?

The UAE law allows Harm-Based Divorce for Husbands in the UAE in the following cases:

• When harm makes marital life intolerable.
• Infidelity, including online or digital infidelity.
• Inability of the wife to conceive after five years of marriage despite medical treatment.
• Continuous insult or lack of respect by the wife.
• Severe illness or conditions like insanity, leprosy, or contagious diseases affecting the wife.
• Conviction of the wife for crimes involving honor or trust.
• Constant disagreements or mistreatment by the wife, including neglect of the husband.
• Emotional distress, conflict, and alienation leading to psychological harm to the husband.
• Repeated neglect of marital or family obligations by the wife.
• Rebellion or defiance by the wife (“Nushooz”).

Read more: Getting a divorce in the UAE

Steps to File for Harm-Based Divorce for Husbands in the UAE

The process involves six main stages:

1. Opening a Family Guidance File
   The husband must open a file at the Family Guidance Division in the emirate where he resides. For instance, if the husband lives in Dubai, the file must be opened with the Dubai Family Reform Committee.
2. Attending Family Guidance Sessions
   Family Guidance is a mandatory step. During these sessions, mediators attempt to reconcile the couple. If reconciliation fails, the case proceeds to court.
3. Referral to Court
   If mediation fails, the case is referred to the Personal Status Court for formal proceedings.
4. Attending Court Hearings
   The husband or his lawyer presents evidence proving the harm caused by the wife.
5. Issuance of the Ruling
   The court issues a ruling based on evidence and UAE Personal Status Law. Article 120 specifies that if the harm is proven and the wife is at fault, the court grants a divorce, often requiring the wife to compensate the husband.
6. Appealing the Ruling
   Either party may appeal the ruling within 30 days of issuance. If no appeal is made, the ruling becomes final and enforceable.

A Real-Life Case: Rejected Harm-Based Divorce Claim

Case Summary:
A husband filed a Harm-Based Divorce for Husbands in the UAE against his wife in Ras Al Khaimah, seeking to terminate the marriage, revoke her rights under the marriage contract, and strip her of child custody.

Case Details:
The husband claimed his wife insulted him, disrespected his family, and left the marital home without his consent during the COVID-19 pandemic. The wife countered these allegations, claiming he verbally abused and physically assaulted her.

Court’s Findings:
The husband relied on witness testimony and WhatsApp messages as evidence. However, the court deemed this insufficient to establish significant harm.

Court’s Ruling:
The court rejected the husband’s claim, ruling that the evidence was inadequate. The husband was ordered to pay court fees and the wife’s legal expenses.

Legal Advice for Filing Harm-Based Divorce for Husbands in the UAE

1. Hire a Specialist Lawyer
   Engage a lawyer experienced in harm-based divorce cases to ensure adherence to legal procedures and secure your rights.
2. Provide Strong Evidence
   Collect substantial proof of harm, such as:
   • Witness statements
   • Medical reports (for physical harm)
   • Text messages or written admissions
3. File a Legally Sound Petition
   Draft a clear and legally robust petition with the support of a qualified lawyer.

Frequently Asked Questions

How can a husband prove harm in divorce cases?

Harm can be proven using:

• Witness testimony
• Medical reports for physical abuse
• Admissions from the wife
• Other admissible evidence under UAE law

What is the timeframe for appealing a harm-based divorce ruling?

An appeal must be filed within 30 days from the date the ruling is issued.

What are the legal consequences if the court rules in favor of the husband?

If the husband proves harm, Article 120 of the UAE Personal Status Law allows the court to require the wife to compensate the husband.

Expert Legal Support for Harm-Based Divorce Cases

If you face challenges in your marital life and believe that a harm-based divorce is the best solution, consulting a lawyer specializing in divorce cases will provide the legal guidance you need.

Our legal team is experienced in handling Harm-Based Divorce for Husbands in the UAE, from initial consultation to representing you in court. Contact us today for personalized legal advice tailored to your situation.

Read more:

• Mutual Consent Divorce Procedures in the UAE
• Divorce of a Pregnant Wife in UAE: Rights and Laws
• Comprehensive Guide to Divorce Law in UAE for Muslim Expats

Sources:

• UAE Personal Status Law
• Emirates Today

Abdul Hamid Mohammed

Senior Legal Consultant with extensive experience in providing legal advice in the UAE laws. He has an in-depth background in civil and commercial law, and handles a wide range of matters including commercial disputes, corporate contracts, and litigation.