In this article, we provide a comprehensive guide on Divorce law in UAE for Muslim expats, starting with an explanation of the different types of divorce in the UAE, such as divorce by mutual consent, divorce for harm (divorce due to harm), and khula. We will also cover the steps to be followed according to the new divorce law in UAE for expats, as well as divorce procedures for non-Muslims. Additionally, we will discuss the wife’s rights after divorce, child custody laws, and the residency rights of foreign divorced women, alongside answers to frequently asked questions.
If you are contemplating a crucial decision like divorce, this article will equip you with everything you need to make an informed decision.
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Types of Divorce in the UAE
Divorce in the UAE can be classified into three main types, as follows:
- Divorce by Mutual Consent
- Divorce Due to Prejudice (Divorce Due to Harm)
- Khula
Let’s explore each type in detail as the procedures and conditions for each differ.
1. Divorce by Mutual Consent
Divorce by mutual consent is one of the quickest types of divorce in the UAE. It involves ending the marriage through a written agreement in Arabic between the husband and wife without resorting to court, provided that both parties agree to all the terms in the agreement.
In a divorce by mutual consent agreement, all terms that both spouses have agreed upon are outlined, provided they do not violate the public policy of the UAE.
Some of the terms included in a divorce by mutual consent agreement may include:
- Child custody
- Alimony for the wife
- Child support
We will explain the entire divorce process by mutual consent step by step, from filing the case with the Family Guidance Section to receiving and executing the agreement.
2. Divorce Due to Prejudice (Divorce Due to Harm)
Divorce Due to Prejudice is another type of divorce in the UAE and is a legal right granted to both spouses. It occurs when one spouse experiences harm from the other, making it impossible to continue the marriage.
Reasons that justify filing for divorce due to prejudice include:
- Illness or harm in the other party that impairs marital duties
- Infertility or sexual weakness
- Physical abuse or severe violence
- Continuous insults or emotional abuse
- Infidelity
- Wife’s disobedience
- Husband’s failure to provide financial support for the family
- Absence or long travel of the husband without a valid reason
- Drug or alcohol addiction
- Imprisonment of either spouse
- Desertion for over six months
There are many other grounds under UAE law for filing for divorce due to prejudice, which have been discussed in previous articles. However, all these reasons share a common requirement: proving the harm.
In the following sections, we will explain the detailed procedure for divorce due to prejudice, from filing the case with the Family Guidance Section to the court’s ruling.
3. Khula
Khula is a right granted to the wife. Unlike divorce due to prejudice, the wife is not required to provide evidence or justify the reasons for seeking a khula. However, she must waive her rights to alimony, maintenance during the waiting period (iddah), and deferred dowry. The husband, in return, may request compensation.
We will explain the detailed process of khula in the upcoming sections, from filing the case with the Family Guidance Section to the final judgment.
Divorce Procedures in the UAE According to the New Law
Divorce procedures in the UAE depend on the type of divorce being filed, but they all begin with the same step. The procedures differ based on the type of divorce.
The first step in the divorce process in the UAE is filing a case with the Family Guidance Section in the relevant emirate, based on the defendant’s place of residence. For example, if the wife is the plaintiff and wants to file for divorce against her husband who lives in Dubai, the case should be filed with the Family Guidance Section at the Dubai Courts.
Below, we will explain the procedures for each type of divorce, beginning with divorce by mutual consent.
1. Divorce by Mutual Consent Procedure Step by Step
Divorce by mutual consent is an amicable type of divorce that is easy to process. The first step is to open a file with the Family Guidance Section in the emirate where both spouses reside. This step is mandatory and cannot be skipped, whether the spouses are UAE nationals or residents.
After the case is filed with the Family Guidance Section, the following steps will occur:
- The family counselor will attempt reconciliation and encourage the spouses to reconsider their decision, as family stability plays an important role in social cohesion.
- If both parties refuse reconciliation and insist on mutual consent divorce, an Arabic divorce agreement is drafted.
- The divorce agreement must be legally sound and unambiguous to be enforceable in the UAE and the countries of residence if the couple are expats.
- Once both spouses fully agree to the terms without coercion, the agreement is referred to the Family Court for execution.
- If the spouses cannot agree on the terms, the case is transferred to the court for resolution.
2. Divorce Due to Prejudice Procedure
Divorce due to prejudice is a legal right available to both spouses when one party experiences harm from the other, making it impossible to continue the marriage. The procedure involves the following steps:
- Filing a case with the Family Guidance Section in the relevant emirate.
- Attending family reconciliation sessions to try and resolve the matter amicably.
- If reconciliation fails, the case is referred to the Family Court, where both spouses will present evidence supporting their claims.
- The harmed spouse must prove the harm in court using evidence such as witnesses, documents, recordings, photographs, or other accepted forms of proof.
- After the hearings, the court will issue a ruling on the case.
- If neither party files an objection within 30 days, the court’s ruling becomes final and enforceable.
3. Khula Procedure
Khula is a right specific to the wife, where she can seek divorce without proving harm. However, she must waive her rights to alimony and the deferred dowry. The procedure for khula includes:
- Filing a case with the Family Guidance Section in the relevant emirate.
- Attending family reconciliation sessions to attempt to resolve the issue.
- If reconciliation fails, the case is referred to the Family Court.
- The wife expresses her desire for Khula to the judge. The judge will attempt reconciliation, emphasizing the importance of family stability.
- If the wife persists in seeking khula, the divorce agreement is signed between the spouses.
Wife’s Rights After Divorce in the UAE
Wife’s rights after divorce in the UAE vary depending on the type of divorce—whether mutual consent, harm-based, or khula. Below is an explanation of a wife’s rights after divorce in the UAE for each type:
- Wife’s Rights After Divorce by Mutual Consent
As both spouses agree to all terms of the divorce, the wife’s rights are defined by their written agreement, including:
- Alimony and child support.
- Child custody arrangements.
- Responsibilities for both parties.
- Wife’s Rights After Divorce for Harm
If the wife can prove harm, she is entitled to the following rights:
- Iddah (waiting period) maintenance for three months.
- Mut’ah (consolation payment).
- Deferred dowry is mentioned in the marriage contract.
- Custody of children and support for the children’s living expenses.
- Education expenses for the children.
- Compensation for harm.
- Wife’s Rights After Khula
In khula, the wife typically waives her rights to alimony and deferred dowry, but she is entitled to child custody support.
Read more: Filing Alimony Case Against a Husband Residing in the UAE From Abroad.
Child Custody After Divorce in UAE Law
The UAE law defines child custody as the care and upbringing of the child, ensuring that the guardian’s rights do not conflict with the rights of the custodian. Under Article 146 of the UAE Personal Status Law, custody is granted to the mother, while the father retains guardianship, with the child’s welfare being the most important consideration.
Residency for Foreign Divorced Women in the UAE
There are two categories of foreign divorced women in the UAE:
- Divorced foreign women with a UAE citizen child: Their child has the right to sponsor their residence.
- Divorced foreign women without a UAE citizen child: If they do not have children, they may be subject to different residency requirements.
Conclusion
Understanding the various types of divorce and procedures in the UAE is essential for Muslim expats who may face marital challenges. Always consult with a legal professional familiar with UAE family law for personalized advice. For more information, visit reliable resources such as UAE Legal Portal and Gulf News for the latest updates on family law in the UAE.
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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.
