A Guide to Expat Divorce, Judicial Separation, and Annulment of Marriage in the UAE

Judicial Separation is a process by which the court does not dissolve the marriage but allows the parties to live separately.

The UAE laws do not provide for such a process, and therefore the parties may choose to divorce instead. Divorce is a legal process that dissolves the marriage contract between two individuals.

Types of Divorce in the UAE:

In the UAE, there are two types of divorce, namely mutual divorce and contested divorce.

Mutual Divorce occurs when both the parties agree to end the marriage. Whereas, in a Contested Divorce one party usually files for divorce, and the other party disagrees to the request of divorce.

Divorce can be obtained in one of two ways:

Talaq

The first is the Arabic 'Talaq' (which translates to 'I divorce you'). In the presence of a witness, either the husband or wife (if she possesses Isma) must pronounce or write "I divorce you" or "Talaq."

According to Islamic law, this is a permissible means of dissolving a marriage; nevertheless, the divorce must be registered with the court before it may be acknowledged in civil court. According to Article 106 of the Personal Status Law, a divorce is legally binding once it has been authenticated by a judge.

The witness could testify in court if there is a dispute over whether or not the Talaq was actually said. If one partner initiates divorce proceedings by uttering the Talaq without the other's agreement, that person could face financial consequences.

Filing for Divorce Through the UAE Judicial System

Divorce can also be obtained through the judicial system (called "separation by way of a judgment"). The applicant will file for divorce, and the court's Family Guidance Committee will hear their case.

Before filing for divorce under Article 98 of the Personal Status Law, the Family Guidance Committee will attempt reconciliation between the parties. The family counselors are not lawyers, but they do have mediation and counseling skills.

They sit down with both sides, and if they still can't get along, they bring it before a judge. The judge will then determine whether or not the grounds for divorce are sufficient. More explained below.

2. Divorce due to unpaid dowry (Mokadam)

3. Separation due to harm or disputes

According to Article 117 of the Personal Status Law, a spouse may file for divorce if the other spouse has caused such severe emotional or physical suffering that continuing the marriage would be impossible.

The court could then ask for the findings of an investigation conducted by two arbitrators into the causes of the parties' disagreement. There could be monetary repercussions if one party is found at fault.

4. Wife was not financial provided for during the marriage

Divorce may be granted to a wife who was not provided for financially during the marriage if the court determines that her husband has the means to do so but chose not to do so.

5. Disappearance of spouse

If one spouse disappears without warning, the other spouse may file for divorce. A divorce decision would not be issued until one year had gone after she filed for one and her spouse had not returned during that period.

6. A spouse has been sentenced to prison

A spouse may file for divorce if their spouse has been sentenced to a prison term of more than three years and has already served at least one year of that term.

7. Separation if the husband deserted the wife

A divorce can be granted on the grounds of desertion (Arabic: 'Hajr') if the husband abandons his family and does not return within four months of his wife's request.

In Muslim divorces, the waiting period is known as the Iddah. After the court has issued the Talaq, there is a three-month waiting period.

If the woman is expecting a child, the waiting period will not end until after the baby is born. During this time, the wife is expected to remain single. The couple should wait to see if the woman is pregnant, but they should also use this time to think about whether or not they can get back together.

No matter who filed for divorce first, the waiting time always results in the husband covering the wife's living costs.

Divorce can be finalized either temporarily or permanently. The parties can continue to be legally married during the waiting time because their divorce is reversible. If they want to get back together after that, they'll have to sign a new marriage contract.

As per the UAE Family Law, an annulled marriage is a cancellation of the marriage from the beginning.

Annulment of marriage in the UAE is a legal procedure to cancel the marriage in such a way that it is completely erased, legally, and it declares that the marriage never technically existed and was never valid. A marriage may be annulled if it is against the public policy of the UAE.

In certain circumstances even a validly attested marriage certificate would not be sufficient to allow a marriage to be recognized in the UAE. This is because in Islam, certain marriages are not capable of recognition. These are as follows:

• A marriage between a Muslim man and a woman who is not Muslim, Christian or Jewish.
• A marriage between a Muslim woman and a non-Muslim man.

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