Divorce Due to Impotence in the UAE – Legal Guide

Under UAE law, it is possible to request divorce due to impotence if it involves a permanent condition or infertility. However, there are specific conditions and procedures that must be met. This article explores the legal framework, requirements, and process for filing for divorce due to impotence in the UAE.

Understanding Divorce Due to Impotence in UAE Law

Divorce due to impotence is a type of divorce recognized in the UAE. It can be sought when impotence disrupts marital life and hinders the continuation of a natural marital relationship.

Relevant Legal Provisions

• Article 112 of the Personal Status Law: A judge may dissolve a marriage if one spouse suffers from a chronic condition, such as insanity, leprosy, or impotence, which prevents sexual fulfillment. This applies regardless of whether the condition existed before or after the marriage contract.
• Article 114 of the Personal Status Law: Either spouse may request dissolution if the other is proven infertile after five years of marriage, provided there are no children and the petitioner is under 40 years old.

These provisions provide the legal basis for divorce due to impotence in the UAE.

Conditions for Divorce Due to Impotence

To file for divorce on these grounds, the following conditions must be met:

1. The impotence must be permanent, not temporary, and resistant to treatment.
2. Medical reports from specialists must confirm the impotence.

Divorce can also be requested due to the husband’s failure to provide for his wife. Complete legal details can be found by reading the article ‘Guide to Divorce Over Failure to Provide Maintenance in the UAE.‘

Legal Procedures for Divorce Due to Impotence in the UAE

The process involves several critical steps:

1. Seek Legal Consultation
   • Consult a divorce lawyer in Dubai to understand your rights and gather the necessary evidence to support your case.
2. File a Family Guidance Request
   • Submit a request to the Family Guidance Department at the relevant court.
   • Attend mediation sessions aimed at reconciling the spouses. If reconciliation fails, the case is referred to court.
3. File the Divorce Case in Court
   • The lawyer files the case, citing impotence as the reason for divorce.
   • Submit evidence, including medical reports, to substantiate the claim.
4. Court Hearings
   • Both spouses attend hearings, where the defendant can refute the claims or present counter-evidence.
5. Judgment
   • If the claim is upheld, the court issues a ruling for divorce with conditions for financial settlements. If rejected, the marital relationship continues unless appealed.

Read more: Mutual Consent Divorce Procedures in the UAE

Real-Life Case Example

Case Title: Wife Requests Divorce Due to Husband’s Impotence

Facts:
A wife filed for divorce in Abu Dhabi, claiming her husband suffered from a medical condition that prevented sexual relations. The husband countered with a claim for marital obedience, alleging the wife left their home without justification.

Outcome:

• The court granted the wife a final divorce on grounds of impotence.
• The husband’s claim was dismissed, and he was ordered to pay alimony and expenses.
• Upon appeal, the wife was required to return AED 170,000 to the husband as part of the settlement.

Moreover, we provided an explanation of a Legal Case Study about the rights of the wife after divorce. Full legal details can be accessed through the following: “Rights of the Wife After Divorce in UAE.”

Cost of Filing for Divorce Due to Impotence in the UAE

The costs involved include:

• Legal Fees: Fees for hiring a divorce lawyer.
• Court Fees: Starting at AED 50, with additional charges for appeals.
• Expert Fees: Charges for medical and legal experts.
• Administrative Costs: Document preparation and submission.

Moreover, in the case where the legal case requested by the wife is Khula, there are different costs involved. You can read the article ‘Cost Related For Khula in Dubai‘ to know all the legal details.

Key Legal Tips

When filing for divorce due to impotence, consider the following:

• Obtain certified medical reports to document impotence.
• Prove that marital life is unsustainable due to the condition.
• Follow all legal procedures precisely.
• Seek professional legal advice to ensure compliance with UAE law.

Frequently Asked Questions

1. Can impotence be grounds for divorce in the UAE?
   Yes, provided it is proven through certified medical evidence.
2. What is divorce due to impotence?
   It is a type of divorce where one spouse seeks dissolution because the other is incapable of sexual relations, causing harm to the marital relationship.

Contact Us for Legal Assistance

If you are considering filing for divorce due to impotence in the UAE, our expert legal team is here to guide you. Contact us via WhatsApp or leave a message for immediate assistance.

Read more: 

• Divorce of a Pregnant Wife in UAE: Rights and Laws
• Reasons for rejecting harm-based divorce cases in the UAE