Muslim and Non-Muslim Divorce Procedure Under the UAE Law

Introduction:

Divorce is a significant aspect of family law in the UAE, governing both Muslims and non-Muslims.Previously, Federal Law No. 28 of 2005 regulated personal status matters for both Muslims and non-Muslims along with certain provisions of the UAE Civil Transactions Law. However, to make the UAE more attractive for foreigners, a new legal framework was introduced through Federal Decree-Law No. 41 of 2022 and Abu Dhabi Law No. 14 of 2021 on Civil Marriage and its Effects in Abu Dhabi.

This legislation marked a notable shift, particularly for non-Muslims, aligning with internationally recognized practices concerning family laws. This article outlines the divorce procedures under the two different laws governing Muslims and non-Muslims in the UAE.

Divorce Procedure for Muslims under Federal Law No. 28/2005:

According to Federal Law No. 28/2005 on Personal Status, divorce is defined as the termination of the marriage contract, which can be initiated by the husband. However, the wife may also seek divorce under specific circumstances, such as those stipulated in the marriage contract or if grounds of ‘harm’ exist. Divorce can be declared verbally, in writing, or through understandable actions, with the word “talaq” in the presence of a witness establishing a valid divorce under Sharia law. To be recognized in the UAE, divorces must be registered with the courts. According to Article 98(3), before bringing the case to the courts, spouses are instructed to undergo mediation by the Family Guidance Committee to facilitate reconciliation.

Grounds for Divorce:

• • Defects: Such as insanity or leprosy, or those preventing physical interaction can become grounds for divorce (Article 112).
  • Serious Deceit: If serious deceit is perpetrated by one spouse, the other can file for divorce (Article 114).
  • Non-payment of Dowry: By the husband to the wife in a non-consummated marriage (Article 116).
  • Discordance: Making it impossible to continue the relationship (Article 117).
  • Financial Neglect: If the husband fails to financially support the wife (Article 124).
  • Prolonged Absence: If the husband remains absent despite warning and resides in a known domicile, the wife is entitled to divorce him (Article 129). Where the husband’s whereabouts are unknown even after investigation, and a year has passed, the wife can claim divorce (Article 130).
  • Imprisonment: If the husband has been sentenced to imprisonment for more than 3 years, provided the divorce is filed when the husband is already in prison for more than a year (Article 131).
  • Prolonged Disengagement: If the husband does not engage with the wife for more than 4 months, the wife can divorce him (Articles 132 and 133).

Once divorce is initiated, the wife must undergo a waiting period known as “Idda,” which lasts approximately three months to determine if she is pregnant. If she is pregnant, the waiting period extends until the child’s birth. During this time, the husband is responsible for the wife’s expenses. The Idda period also provides an opportunity for both parties to reconsider their decision and, if they choose, revoke the divorce and resume their marital relationship.

Divorce Procedure for Non-Muslims under Federal Decree-Law No. 41/2022 and Abu Dhabi Law No. 14 of 2021 on Civil Marriage and its Effects in Abu Dhabi:

The new Federal Decree-Law No. 41 of 2022, introduced on February 1, 2023, follows the provisions of the previously enacted Abu Dhabi Law No. 14 of 2021 on Civil Marriage and its Effects in Abu Dhabi. Family matters for non-Muslims, including marriage and divorce, will now be governed by these laws.

Article 2 of Abu Dhabi Law No. 14/2021 on Civil Marriage applies to male or female non-Muslim foreigners or citizens of the UAE. Both the federal law On Civil Personal Status and Abu Dhabi civil Personal status laws have introduced a no-fault divorce system for non-Muslims, simplifying the divorce process significantly. Under this law, neither the husband nor the wife needs to provide reasons or assign blame for the divorce. Divorce can be filed jointly or unilaterally, with the filing party notifying the other party before the court judgment, as stipulated in Article 7. This law notably exempts parties from mandatory mediation, streamlining the divorce procedure. Unlike the Personal Status Law, there is no obligatory waiting period for the wife, and the divorce becomes effective immediately upon the court’s judgment.

According to Article 9 of Federal Decree-Law No. 41/2022 and Article 8 of the Abu Dhabi civil law, after a divorce judgment is issued, a divorced woman can apply to the court to receive alimony from her ex-husband. Any applications made after the divorce will be processed using a standard form. If the marriage contract does not specify conditions for alimony or other financial claims, the judge will decide based on the following factors:

• • Duration of Marriage: Longer marriages may typically result in higher alimony.
  • Wife’s Age: Younger wives generally receive less alimony, while older wives receive more.
  • Financial Status of Each Spouse: An accounting expert appointed by the court will assess each spouse’s economic situation.
  • Husband’s Contribution to Divorce: If the husband was at fault or negligent, this will affect the alimony decision.
  • Compensation for Damage: Either spouse can be compensated for material or emotional damage caused by the divorce.
  • Financial Impact of Divorce Application: Financial harm caused by one spouse’s unilateral decision to divorce may be considered.
  • Child Custody Expenses: The father must cover the mother’s expenses for child custody during joint custody for up to two years, based on an accounting expert’s report.
  • Wife’s Care of Children: The wife’s diligence in caring for the children will be evaluated.
  • Alimony is forfeited if the wife remarries or if her custody of the children ends for any reason. Additionally, a new application can be submitted to adjust the alimony amount each year or when circumstances change.

Conclusion:

The legal landscape governing divorce in the UAE has undergone significant reform, particularly with the enactment of Federal Decree-Law No. 41/2022 and Abu Dhabi Law No. 14/2021 for non-Muslims. Understanding the differences in divorce procedures under these laws is essential for dealing with personal status matters in the UAE.