Divorce for harm in UAE law is a firmly established right for either spouse if they suffer damage in any form—whether material or moral—that makes it impossible for the marriage to continue, as stipulated in Federal Decree-Law No. 41 of 2024.
For example, in a recent case before the Dubai Personal Status Court, a wife filed for divorce for harm in UAE law due to her husband’s sexual impotence. She proved to the court that continuing the marriage would cause her serious harm, and the court granted the request. If you need legal advice, you can contact Samaha Legal Consultancy Office.
What is divorce for harm in UAE law?
Divorce for harm in UAE law, also known as dissolution of marriage due to harm, is a right enshrined by the Emirati legislator under Article 71 of the Federal Decree-Law No. 41 of 2024. Either spouse may seek dissolution when serious harm makes marital life impossible.
If one spouse proves harm before the court and reconciliation fails, the court grants the divorce. The court may appoint two arbitrators from the families of both spouses within 60 days to investigate the reasons for the dispute and attempt reconciliation. If they fail, they may recommend separation with or without compensation. If no harm is proven, the case is dismissed, though it may be refiled after six months or once the judgment becomes final.
This balance ensures protection for the harmed party while preserving the sanctity of marriage. In the UAE, with Samaha Legal Consultancy Office, you can complete all procedures with maximum legal guarantees.
Types of divorce for harm in UAE law
A wife can request divorce for harm in UAE law through Samaha Legal Consultancy Office for various reasons, including:
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Divorce for harm in UAE law due to abuse
when the husband assaults his wife physically or verbally.
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Divorce for harm in UAE law due to desertion
when the husband abandons the marital home for an extended period without a legitimate reason.
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Divorce for harm in UAE law due to mistreatment
when the husband continuously insults or neglects his marital duties.
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Divorce for harm in UAE law due to psychological harm
when one spouse suffers from a contagious or psychological illness that makes cohabitation impossible.
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Divorce for harm in UAE law due to sexual impotence
one of the most sensitive cases. The court examines medical evidence of lasting, incurable impotence. A divorce is granted if a certified medical report confirms the condition.
Procedures for filing divorce for harm in UAE law
According to Federal Decree-Law No. 41 of 2024, procedures have been clarified and simplified to protect those harmed by marriage continuation. Any harmed spouse can file for divorce for harm in UAE law by following these steps:
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Family guidance/conciliation
The process begins with filing a request with the court’s family guidance section, which attempts reconciliation within three months (Article 10 of the Decree).
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Referral to the Sharia Court
If reconciliation fails, the file is referred to the court to open a divorce for harm in UAE law case.
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Filing the lawsuit
The harmed party submits a detailed petition explaining the type of harm (physical abuse, impotence, desertion, mistreatment) with supporting evidence such as medical reports, witness testimony, or written messages.
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Court hearings
Sessions are held to review evidence and hear witnesses. The court may order medical examinations in cases involving impotence or illness.
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Issuing judgment
If the court is convinced of the harm and impossibility of marriage continuation, it issues a judgment for divorce for harm in UAE law.
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Execution of judgment
The ruling is registered with the authorities, and post-divorce matters (custody, alimony, etc.) are addressed.
To ensure a strong case for divorce for harm in UAE law, it is recommended to consult a specialized law office such as Samaha Legal Consultancy Office, which provides proper evidence and expedites procedures.
Conditions for divorce for harm in UAE law
The UAE legislator has set clear conditions for accepting a petition for divorce for harm in UAE law:
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Actual harm must exist
The spouse must prove material or moral harm making the marriage unbearable.
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The harm must be serious and ongoing
Such as abuse, desertion, humiliation, impotence, or misconduct that undermines dignity or safety.
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Evidence must be provided
Accepted forms include witness testimony, medical reports, or official records.
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Failed reconciliation attempt
After arbitrators are appointed by the court and fail to repair the marriage.
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Timely filing
The harmed spouse must not delay excessively, which may be seen as waiver of rights.
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Family welfare considerations
If the court sees that the claim threatens family interests or lacks sound legal basis, separation may be mandated.
Witness requirements in divorce for harm in UAE law
When proving divorce for harm in UAE law in court through a specialized office like Samaha Legal Consultancy Office, witnesses must meet the following conditions:
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Must be adult, sane, and competent at the time of testimony.
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Must have direct knowledge of the harm, not hearsay.
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Testimony must be clear, consistent, and free of contradictions.
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Must be neutral, with no personal interest or hostility toward either spouse.
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Must testify in court and respond truthfully to the judge’s or arbitrators’ questions.
How long does a divorce for harm in UAE law case take?
The duration of a divorce for harm in UAE law case depends on the complexity of the dispute, the strength of evidence, and the parties’ cooperation with reconciliation efforts. Generally, a case may take 3 to 6 months for a preliminary judgment, not including appeals or challenges.
Role of a lawyer in divorce for harm in UAE law
Lawyers play a crucial role in divorce for harm in UAE law cases. They assist in:
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Drafting the lawsuit
Preparing a clear and legally sound petition for divorce for harm in UAE law with supporting documents.
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Court representation
Attending reconciliation sessions and hearings to defend the client’s interests.
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Following procedures
Ensuring deadlines and legal requirements are met.
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Filing appeals
Preparing and submitting appeals if the judgment is unsatisfactory.
By working with Samaha Legal Consultancy Office, clients are assured of efficient handling and maximum protection of their rights under UAE law. Contact Us.