To regulate the marital relationship between spouses when one decides to separate from the other, the UAE law plays a major role in ruling on marital separation and has shown great flexibility in dealing with family issues, whether for Muslim or non-Muslim couples.

Samaha Law Firm can assist with Divorce in the UAE, cases of all types.

Types of Divorce in the UAE

The types of divorce in the UAE are classified based on their effect on the marriage contract and the extent to which reconciliation is permissible, as well as the religious status of both spouses.

The types of divorce in the UAE are structured to achieve a balance between the rights of both parties, taking into account the rules derived from Islamic legislation for Muslims and the application of civil law for non-Muslims.

The main classifications of divorce types in the UAE are as follows:

1. Revocable Divorce (Talaq Raj’i): This type of divorce occurs after the first or second pronouncement. It maintains the marital bond during the wife’s waiting period (iddah), allowing the husband to take his wife back without a new contract or dowry as long as her iddah has not ended.
2. Irrevocable Divorce (Talaq Ba’in): This type of divorce immediately dissolves the marital bond between spouses upon its occurrence and is divided into two categories:
   • Minor Irrevocable Divorce (Ba’inuna Sughra): This occurs if the husband does not take his wife back during her iddah after the first or second pronouncement. In this case, she can only return to him with a new contract and dowry.
   • Major Irrevocable Divorce (Ba’inuna Kubra): This occurs after the third pronouncement. The divorced woman cannot remarry her ex-husband unless she has been fully married to another man in a valid marriage, consummated the marriage, and then divorced from him and completed her iddah.
3. Judicial Divorce: This type of divorce is granted by a court order due to legitimate reasons such as harm, absence, or failure to provide financial support.
4. Divorce by Khul’ (Khula): This type of divorce occurs at the wife’s request in exchange for her giving up some or all of her financial rights. It requires the husband’s consent or a court ruling if he refuses.
5. Civil Divorce: This type of divorce applies to non-Muslims in accordance with the provisions of Federal Law No. 41 of 2022 concerning personal status for non-Muslims.
   It is ruled on through civil procedures that ensure legal protection for both parties.

Conditions for Divorce According to UAE Law

The conditions for divorce in UAE law vary depending on the type of divorce.

However, there are specific regulations that govern the occurrence of divorce and protect the rights of both spouses.

The most important of these conditions are:

1. Divorce is not valid if pronounced by a person who has lost their mental capacity, whether permanently or temporarily, such as in cases of drug or alcohol use that lead to a loss of control over one’s mind and will.
2. Divorce is prohibited if it occurs under duress or in a state of extreme anger, where the husband has lost control of his actions and words, as this does not reflect a true and valid intention to divorce.
3. Divorce is only valid within a valid, complete marriage contract and with a woman who is not in her waiting period (iddah).
4. Divorce cannot be issued during the iddah period resulting from a previous divorce or an invalid marriage, to protect the woman’s rights and maintain the stability of the marital relationship during these sensitive periods.
5. Divorce cannot be made conditional on a future event or linked to a specific event that has not yet occurred, unless the actual intention to divorce is proven at the moment of the pronouncement, which ensures the decision’s validity and sincerity.
6. In an absentee divorce: The husband’s absence from his wife must be for a continuous period of 180 days without a valid reason,
   which entitles the wife to file a divorce case based on his absence. Samaha Law Firm can assist in completing these procedures correctly.
7. Divorce is prohibited if it is made in the form of an oath or a vow without a serious intention to end the marriage. UAE law prohibits the verbal exploitation of the right to divorce under such circumstances to preserve stable and lasting family ties.

Divorce Procedures in the UAE

Before initiating divorce proceedings in the UAE, the law allows for opportunities for an amicable resolution of disputes between spouses while providing clear and fully transparent legal guarantees.

If the situation escalates, divorce procedures are initiated according to the following steps, which Samaha Law Firm can help with:

1. Filing a divorce petition with the competent court. The petition must state the reasons for the claim in accordance with the divorce conditions stipulated in Law No. 41 of 2024.
2. Notifying the other party of the divorce petition to allow them an opportunity to respond or object. The court will then hear the statements of both parties to listen to their viewpoints and rule between them.
3. Conducting hearing sessions during which the submitted evidence and documents are examined, with attention to assessing whether the reasons for divorce meet the legal criteria.
4. Attempting reconciliation between the spouses through judicial mediation sessions. UAE law strives to provide many opportunities for reconciliation before ending the marital relationship permanently.
5. Issuing a divorce judgment by the court based on a full assessment of the circumstances and evidence, and ensuring that all legal conditions are met, including custody and alimony rights.
6. Registering the divorce judgment in official records. Legal documents are issued to formalize the end of the marriage contract between the parties, providing clear legal protection and preventing future disputes.

To ensure the smooth operation of legal procedures in the UAE and to avoid mistakes that could affect marital rights, you should contact Samaha Law Firm for legal consultations.

 Types of Divorce in the UAE Are Not Valid

Divorce is not valid if the husband has lost his mental capacity or voluntarily lost his mind, or if he is in a state of anger that prevents him from controlling his words.

Divorce is also not valid if the wife is menstruating or in postpartum bleeding and the husband was aware of it.

Judicial Divorce

Definition of Judicial Divorce: Judicial divorce is a request for divorce filed with the court due to harm, long-term absence, or a serious defect that prevents the continuation of married life between spouses.

The Difference Between Revocable and Irrevocable Divorce in the UAE

Revocable divorce allows the husband to take his wife back during the iddah period without the need for a new marriage contract, whereas irrevocable divorce ends the relationship permanently and does not allow for a return except with a new contract and dowry.

In the UAE, you can get specialized legal family consultations through Samaha Law Firmm Contact Us.