In the UAE, absence-based divorce is governed by legal provisions that grant a wife the right to file for divorce if her husband has been absent for a prolonged period without a legitimate reason, is unreachable, or if circumstances make it impossible for married life to continue normally.

Procedures for Absence-Based Divorce in the UAE

Article 79 of Federal Law No. 41 of 2024 grants the right to an absence-based divorce in cases of absence, disappearance, or imprisonment.

Here are the step-by-step procedures for absence-based divorce, which a specialized law firm like Samaha Law Firm for Legal Consultations can help you complete efficiently and legally:

• The wife files a lawsuit for divorce with the competent court, providing evidence of the husband’s absence, such as his lack of communication or his absence from his known place of residence.
• If the husband’s location is known, the court issues an official summons requiring him to appear, to arrange for his wife to join him, or to divorce her. A deadline of no more than 180 days is set for him to respond.
• If the husband does not respond within the court’s specified deadline, the court issues a divorce decree.
• If the husband is missing and his whereabouts are unknown, the court conducts an official investigation to verify his absence.
• The court waits for a full year from the date of filing the divorce lawsuit before issuing a divorce decree in the case of a missing husband.
• If the husband is imprisoned for a period of no less than three years, the wife may request a divorce after one year of imprisonment has passed, provided that the imprisonment continues during the case review and that the remaining prison sentence is not less than six months when the judgment is issued.

Conditions for Absence-Based Divorce in the UAE

Federal Law No. 41 of 2024 sets clear conditions for absence-based divorce to protect the rights of both spouses and maintain a balance in the marital relationship when one party is absent.

The court will not issue a judgment unless the following conditions are met:

1. The husband has been absent for a minimum of six months without a valid reason: This applies whether he provides financial support to his wife or not. This condition is void if the wife explicitly or implicitly consented to or accepted his absence.
2. A legal summons is issued to the husband by the court: If his residence is known, he is given a grace period of up to 180 days from the date of the summons to return to his wife or divorce her before a decision is made.
3. The husband is missing and his whereabouts are unknown: This requires the court to conduct a serious investigation. A period of one year from the date of filing the divorce lawsuit is required before a judgment can be issued.
4. The husband is imprisoned for three years or more by a final judicial ruling: The wife can request a divorce after one year of the sentence has been served. However, the remaining prison sentence for the husband must not be less than six months when the judgment is issued, and the husband must still be in prison during the court’s consideration of the case.

By contacting a specialized law firm like Samaha Law Firm for Legal Consultations, you can learn about the specific conditions applicable to your case.

A Wife’s Rights in an Absence-Based Divorce in the UAE

The new Personal Status Law guarantees a wife numerous rights in cases of absence-based divorce, ensuring her legal protection and human dignity after the marriage ends.

The Samaha Law Firm for Legal Consultations can help a wife secure all her rights, which include:

• Financial support (alimony): The wife is entitled to alimony during her waiting period (Iddah). She can also claim past financial support if she can prove that her husband did not provide for her during his absence. This is determined by the court based on the husband’s financial situation and the nature of the marital relationship before separation.
• Retaining the marital home: This is a right for the wife, especially if she has custody of children, or the husband may be obligated to provide a suitable alternative residence. This is in line with the principle of the child’s best interests that governs family cases in the UAE.
• Claiming deferred dowry: As stipulated by UAE law, if the wife has not yet received her deferred dowry, this debt remains owed by the husband. It can be claimed as part of the divorce lawsuit or in a separate one.

These rights demonstrate that an absence-based divorce does not mean the wife’s rights are lost. The process is subject to clear legal guarantees that provide her with adequate protection under the applicable UAE law.

By contacting Samaha Law Firm for Legal Consultations, a wife can ensure her rights are secured in a clear and defined legal framework.

What Are the Consequences of Absence-Based Divorce for the Husband?

An absence-based divorce in the UAE has legal consequences for the husband, especially when a judgment is issued based on a lawsuit filed by the wife due to the husband’s total absence from marital life, whether from long travel, lack of communication, or neglect.

According to Federal Law No. 41 of 2024 regarding Personal Status, an absence-based divorce judgment does not absolve the husband of his financial obligations toward his wife and children. One of the most significant consequences is that the judgment is final and is issued without the husband’s consent. It obligates him to pay full financial support, including alimony for the waiting period and the deferred dowry, in addition to court costs.

Additionally, the husband may be denied some of his rights related to his children, such as the right to visitation or challenging custody, if he does not initiate legal action as soon as he becomes aware of the judgment.

Therefore, it is recommended that a husband take precautionary steps if he anticipates a long or repeated absence, such as granting a power of attorney or maintaining regular communication with his wife or a specialized divorce lawyer in the UAE. This can help him avoid absence-based judgments and the financial burdens that could weaken his family position later on.

The Role of a Specialized Lawyer in Absence-Based Divorce Cases

A lawyer’s role in absence-based divorce cases is to manage the legal procedures and protect the rights of both parties from any overreach or error during the litigation process. A specialized lawyer’s responsibilities include:

• Drafting the summons to the absent husband, which includes legal options such as returning, moving the wife, or divorcing her, all within the specified 180-day deadline.
• Filing the divorce lawsuit with the competent court using a legal format that meets the requirements for acceptance.
• Including documents that prove the absence or the impossibility of continuing married life due to the unjustified absence.
• Following up on official notices related to the case, whether through known methods or via newspapers if the husband’s location is unknown.
• Representing the client (wife or husband) before the court and presenting arguments and requests on their behalf.
• Claiming financial rights resulting from the divorce, including alimony for the waiting period and the deferred dowry, if applicable.
• Following up on the judgment’s enforcement after it is legally issued.
• Filing objections or appeals when needed, according to the specified deadlines and legal procedures.
• Providing family law consultations to the affected party on the collection of required documents to prove absence or harm.
• Following up on subsequent disputes related to custody or visitation of children.

Either party can contact the Samaha Law Firm for Legal Consultations, which offers a select group of specialized family lawyers and ensures that procedures are completed quickly, and everything related to the client is followed up on. Contact Us.