Muslim and Non-Muslim Divorce Procedure Under the UAE Law

Muslim and non-muslim divorce procedure under the UAE law divorce is a significant aspect of family law in the UAE governing both Muslims and non-muslims previously federal law number 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 number 41 of 2022 and Abu Dhabi law number 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 video outlines the divorce procedures under the two different laws governing Muslims and non-muslims in the UAE divorce procedure for Muslims under federal law number 28 2005 according to federal law number 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 talak in the presence of a w 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 and three before bringing the case to the courts spouses are instructed to undergo mediation by the family guidance committee to facilitate reconciliation grounds for divorce as defined under the law one defects such as insanity or leprosy or those preventing physical

interaction can become grounds for divorce article 112 two serious deceit if serious deceit is perpetrated by one spouse the other can file for divorce article 114 three non-payment of dowy by the husband to the wife in a non-c consummated marriage article6 or discordance making it impossible to continue the relationship article 117 5 Financial neglect if the husband fails to financially support the wife article 124 six 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 7 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 more than a year article 131 8 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 ITA which lasts approximately 3 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 a 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 number 41 2022 and Abu Dhabi law number 14 of 2021 on civil marriage and its effects in Abu

Dhabi the new federal decree law number 41 of 2022 produced on February 1st 2023 follows the provisions of the previously enacted Abu Dhabi law number 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 number 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 assigned 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 Mand atory 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 number 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 one duration of marriage longer marriages May typically result in higher alimony two wife’s age younger wives

generally receive less alimony while older wives receive more three financial status of each spouse an accounting expert appointed by the court will assess each spouse’s economic situation four husband’s contribution to divorce if the husband was at fault or negligent this will affect the alimony decision five compensation for damage either spouse can be compensated for material or emotional damage caused by the divorce six Financial impact of divorce application Financial harm caused by one spouse’s unilateral decision to divorce may be considered seven child custody expenses the father must cover the

mother’s expenses for child C custody during joint custody for up to 2 years based on an accounting experts report eight wife’s care of children the wife’s diligence and caring for the children will be evaluated nine 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 number 41 2022 and Abu Dhabi law number 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 legal update the information in this video might not apply if both parties are non-muslim starting from the 1st of February 2023 UAE issued specific family law to be applied between non-muslim expatriate residents in case none of them wanted to apply his her home countryes law in the UAE to know more information about this law please feel

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