The Khula law in the UAE provides a solution for a married couple to end their marriage contract when it is impossible to continue, according to specific conditions and procedures.
Provisions of the Khula Law in the UAE
The Khula law in the UAE affirms the wife’s right to request khula. It is defined as a separation between spouses at the wife’s request and with the husband’s consent in exchange for a consideration (iwad) paid by the wife or someone else. A khula results in an irrevocable minor divorce (talaq bain baynouna sughra).
According to Article 66 of the UAE Personal Status Law No. 41 of 2024, the consideration for khula can be as follows:
- Anything that can be considered property can be a consideration for khula.
- If the consideration is the dowry (mahr), it is limited to the return of what was received of the dowry, and the rest is forfeited, even if it was deferred.
- The agreement cannot stipulate that the consideration for khula is any of the children’s rights, financial support, or custody.
- If the husband intentionally refuses the offered consideration, the court will grant the khula in exchange for an appropriate consideration determined by the court.
types of khula
1. Consensual Khula
- It is a contract based on the mutual consent of the spouses to end their marriage.
- The spouses agree on the financial consideration to be paid by the wife in exchange for the divorce.
- Consensual khula is carried out based on an amicable agreement between the spouses.
2. Judicial Khula
- It is based on a judgment issued by the competent court if the husband refuses the khula amicably.
- The court determines the financial consideration based on the specific circumstances of each case.
- The wife must file a lawsuit in court to request the khula.
Conditions for Khula under the Khula Law in the UAE
To ensure the validity of the khula presented before the competent court, certain conditions must be met, as stipulated by the Khula law in the UAE. These include:
- Both spouses must have reached the legal age of maturity and have full legal capacity.
- The marriage contract must be valid, legal, and Sharia-compliant.
- There must be genuine, convincing, and legitimate reasons for the request.
- The wife must pay a sum of money to the husband in exchange for the khula. If the wife lacks legal capacity or is not of legal age, her guardian can offer the appropriate consideration on her behalf.
- The value of the consideration must be based on a prior agreement between the spouses. If the husband intentionally refuses the amount, the court will determine an appropriate financial consideration.
- The agreement cannot be that the khula is in exchange for the woman waiving her right to child custody or their financial support.
- The funds agreed upon as consideration for khula must not be illegitimate or legally prohibited.
You can learn all the conditions for khula and their legality according to the Khula law in the UAE easily by contacting Samaha Legal Consultancy.
Procedures for Filing a Khula Lawsuit
In cases of consensual khula, certain procedures must be followed:
- A khula contract must be created with the consent of both parties, including their personal details.
- The contract must include the genuine, logical, and legitimate reasons that led to the khula request.
- After verifying that the contract meets the legal conditions, a specialized divorce lawyer, such as from Samaha Legal Consultancy, will have the contract signed by both spouses.
- The khula decision must be documented before the Sharia court within 15 days of its issuance.
In cases of judicial khula, the following must be followed:
- The wife must file a judicial khula lawsuit with the competent court to request the khula, as stipulated by the Khula law in the UAE.
- She must prove the genuine and legitimate reasons for her request to the judge.
- When the judge is convinced of the necessity of separation between the spouses, they will issue a decision and grant the khula according to the provisions of the Khula law in the UAE.
By contacting a specialized lawyer in such cases, like Samaha Legal Consultancy, you can complete these procedures in an effective and legal manner.
What is the Difference Between Talaq (Divorce) and Khula Law in the UAE?
There are some key differences between a separation through a Khula law in the UAE and a conventional Talaq (divorce):
- Khula:
- It is based on an agreement between the husband and wife.
- A financial consideration is an essential pillar of khula.
- The wife often cannot get all or some of her rights.
- It is considered an irrevocable minor divorce.
- Talaq:
- It is initiated by the husband’s will, either explicitly or implicitly.
- It does not require a financial consideration.
- The wife receives all her legal rights, such as financial support and dowry.
- It can be revocable after the first or second time and becomes an irrevocable major divorce on the third occasion.
How Can a Specialized Lawyer at Samaha Legal Consultancy Assist with Khula Cases?
Khula cases are sensitive and presented before Sharia courts due to the conditions required by the Khula law in the UAE.
Samaha Legal Consultancy has a team of highly experienced lawyers in personal status laws related to divorce and khula. They can help you with the following:
- Providing Consultations: They offer all necessary legal consultations on how a woman should act if she wishes to obtain khula as quickly as possible.
- Preparing the Khula Contract: They help you prepare the khula contract in a legally sound format, mentioning the genuine, logical, and convincing reasons that led the wife to request khula.
- Court Representation: If the wife is forced to file a judicial lawsuit, a specialized lawyer can represent her before the competent court and present all legal defenses.
- Preparing Legal Memoranda: They can prepare legal memoranda to respond to the opponent’s requests in the lawsuit.
- Enforcing the Judgment: They can enforce the judgment issued in the khula lawsuit and officially document it.
You can consult Samaha Legal Consultancy to understand these provisions and their proper legal application.Contact Us.
