Frequently, the question arises: Can a woman get divorced when she is pregnant under UAE law?, and what are the rights of the pregnant woman after divorce? How can the husband reconcile with his pregnant wife after divorce? You can find all the details in the following article.
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Divorce of a Pregnant Wife in UAE Law
Before discussing the divorce of a pregnant woman in UAE law, we must touch upon the provisions of divorce in Sharia law, as follows:
- The separation between spouses in the UAE occurs either through divorce, annulment, or death.
- Divorce, as per the UAE Personal Status Law, is the separation initiated by the unilateral will of the husband, expressed through explicit or implicit divorce words, whether verbal, written, or understood by gesture if the husband is unable to articulate or write.
- UAE law stipulates that the husband, when initiating divorce, must have full legal capacity and must choose to divorce willingly, not under compulsion.
- Divorce requires a valid marriage contract, and the wife must not be disobedient.
Therefore, it is observed that UAE Personal Status Law does not explicitly address the permissibility or impermissibility of divorcing a pregnant woman. This implies the application of Article 2, paragraph 3 of that law, which states:
“If there is no text in this law governing the required situation, then it is taken according to the established opinions, first that of the Maliki school, then the Hanbali school, then the Shafi’i school, and finally the Hanafi school.”
Referring to the Maliki school, divorcing a pregnant wife is considered permissible, and all four jurisprudential schools agre.
Thus, divorcing a pregnant wife is allowed in the UAE, unlike the impermissibility of divorcing a menstruating or postpartum woman.
Rights of a Pregnant Woman after Divorce in the UAE
Divorcing a pregnant wife in the UAE entitles her to various rights according to the UAE Personal Status Law, including:
- The right to the remaining dowry, whether immediate or deferred, considered due upon divorce.
- The right to gold and personal items.
- The right to household furniture, proven through ownership documents such as purchase receipts or the husband’s acknowledgment.
- The right to custody of her children and obtaining their financial support.
- The right to post-divorce waiting period maintenance, in the case of irrevocable divorce.
- The right to pregnancy-related expenses, in the case of a manifest divorce during pregnancy.
- The right to housing, whether during the waiting period for irrevocable divorce or manifest divorce.
- The right to (mut’ah alimony), if the divorce occurs unilaterally without her request, with the amount not exceeding a year’s worth, payable in installments.
Therefore, the rights of a divorced pregnant woman, according to UAE legislation, are similar to those established for any wife divorced by the unilateral will of the husband, with an additional right related to pregnancy expenses during the waiting period for irrevocable divorce.
Read more: Guide to Harm-Based Divorce for Husbands in the UAE
Waiting Period for Divorce of a Pregnant Woman in UAE Law
Article 138, paragraph 2 of the UAE Personal Status Law stipulates that the waiting period for a pregnant woman ends with the delivery or miscarriage.
This text is general without specification, indicating that the waiting period for a pregnant woman, resulting from divorce, whether by divorce, death, or annulment, is tied to the duration of her pregnancy. Once the pregnancy concludes with childbirth or fetal loss, the waiting period is considered complete.
Is the waiting period for a pregnant woman different from that of a non-pregnant woman?
Yes, the waiting period for a divorced pregnant woman in the UAE is related to the pregnancy’s duration—either until childbirth or fetal loss. In contrast, the waiting period for a non-pregnant woman is three menstrual cycles for those who menstruate or three months for those who do not menstruate or have reached menopause. Therefore, the husband cannot reconcile with his wife after her waiting period ends without a new marriage contract and a new dowry.
Frequently Asked Questions
**Is it legally permissible to divorce a pregnant woman?**
Yes, it is permissible, even though there is no explicit mention in the UAE Personal Status Law. According to the Maliki and all four jurisprudential schools, divorcing a pregnant woman is allowed.
**My wife is pregnant, can I divorce her?**
Yes, divorce is permissible under the UAE Personal Status Law. Divorce of a pregnant woman is allowed, while divorce that is not permitted includes divorcing a menstruating or postpartum woman.
**What is the duration of the waiting period for a divorced pregnant woman?**
The waiting period for a divorced pregnant woman is linked to the pregnancy’s status, either ending with childbirth or fetal loss. After the waiting period, the husband cannot reconcile with his wife without a new marriage contract and dowry.
**Does a divorced pregnant woman have a right to get alimony during the waiting period for manifest divorce?**
Yes, a divorced pregnant woman has the right to get alimony during the waiting period for manifest divorce exceptionally, specifically for pregnancy-related expenses, not for herself.
In conclusion, we hope that this article on the divorce of a pregnant woman in UAE law has provided the desired information. For further topics, feel free to explore more articles in the website.
We emphasize the importance of consulting with an expert divorce lawyer, as the information above is general and does not substitute legal advice.
Read more: Comprehensive Guide to Divorce in UAE for Expats
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Senior Legal Consultant with extensive experience in providing specialized legal advice in various fields within the United Arab Emirates. He specializes in commercial, criminal and personal status law cases, and works on representing individuals and companies in complex cases and legal disputes.
