What is a Revocable Divorce in the UAE? Revocable divorce (Al-Talaq Al-Raj’i) is a type of divorce regulated by the Personal Status Law in the United Arab Emirates.

It refers to a divorce that takes place after consummation of a valid marriage without any financial compensation (i.e., not a khul’ divorce) and without being the third and final divorce.

In this type of revocable divorce, the wife is legally and religiously considered to be in the status of a wife during her iddah (waiting period).

Her husband has the right to take her back without a new marriage contract or dowry, provided that the return happens during the iddah period.

A revocable divorce in the UAE provides a significant opportunity to reconsider the marital relationship and aims to open the door for reconciliation between spouses, especially when their disagreements are solvable.

By contacting Samaha Legal Consultancy, you can find the most suitable solutions for such matters.

Key Features of Revocable Divorce in the UAE

1. Revocable divorce does not end the marital relationship definitively; it only puts it on hold for a temporary period.
2. In the case of a revocable divorce, the husband has the right to take his wife back without her consent during her iddah period.
3. The wife is entitled to financial support (nafaqa) and housing during her iddah period.
4. Revocable divorce can be proven either through a written acknowledgment, witness testimony, or before the competent court.

Conditions for a Valid Revocable Divorce

The Personal Status Law precisely regulates the conditions for a valid revocable divorce to ensure legal clarity for both spouses. For a revocable divorce to be considered sound and valid, the following conditions must be met:

• No Financial Compensation: The divorce must not be a result of a khul’ divorce or for financial consideration paid by the wife, as this would be considered an irrevocable (Bain) divorce, not a revocable one.
• Not the Third Divorce: If this is the first or second divorce, it is considered revocable. However, if it is the third divorce, it becomes a major irrevocable (Bainuna Kubra) divorce, and the couple cannot reunite unless the woman marries and consummates the marriage with another man, and then gets divorced from him.
• Valid and Consummated Marriage: The marriage must be valid and the couple must have consummated the marriage.
• Explicit Wording or Documented Judicial Decision: The divorce must be declared with clear and explicit wording, either verbally in front of witnesses, in writing, or through a competent court to ensure legal documentation.
• Reconciliation Occurs During the Iddah Period: The husband can only take his wife back if she is still within her iddah period. This period is calculated as three menstrual cycles for a non-pregnant woman, three months for a woman who does not menstruate, or until childbirth for a pregnant woman.

A revocable divorce is only valid if the marriage contract met all its conditions and was consummated. In the case of an invalid marriage or non-consummation, the divorce is considered irrevocable (Bain).

If any of these conditions are not met, the divorce is not considered a revocable divorce and is deemed an irrevocable one, which alters the rights and consequences.

By consulting with Samaha Legal Consultancy, you can understand all matters related to these conditions and their legal standing.

 the Legal Effects of a Revocable Divorce in the UAE

When a revocable divorce occurs in the UAE, the marriage contract is not considered completely terminated; it remains temporarily valid during the iddah period.

This leads to several legal consequences that protect the rights of both parties and provide them with an opportunity for reconciliation.

Among these effects are:

1. The Wife Retains Her Status as a Wife During the Iddah Period: A wife who has been revocably divorced is legally and religiously considered to be in the status of a wife, meaning the marital relationship still exists for certain rights and obligations.
2. Right to Return Without a New Contract: Revocable divorce grants the husband the right to take his wife back during the iddah period without a new marriage contract or dowry, provided this is done with witnesses, or by verbally or in writing declaring the return, or through the competent court.
3. Financial Support and Housing: In cases of a revocable divorce, the wife is entitled to full financial support for food, clothing, and housing during her iddah period because the marital relationship has not completely ended.
4. Right to Inheritance: If one of the spouses passes away during the iddah period, the other spouse inherits as if the marriage were still valid, unless the wife had requested the divorce due to harm and this was proven in a judicial ruling.
5. Prohibition of Explicit Betrothal: According to Sharia law, it is not permissible for anyone other than the husband to propose to a woman who has been revocably divorced during her iddah period because she is still legally and religiously in the status of a wife. This protects her from any social or psychological pressure during that time.

If the iddah period ends without the husband taking his wife back, the revocable divorce becomes an irrevocable one, and they can only reunite with a new marriage contract, a new dowry, and the consent of both parties.

 the Role of a Personal Status Lawyer in Revocable Divorce Cases

Revocable divorce is a delicate legal matter that requires a deep understanding of Islamic Sharia and UAE law.

This is where the role of a personal status lawyer in the United Arab Emirates becomes crucial.

Samaha Legal Consultancy is one of the most important firms specializing in personal status cases and has many competent lawyers in this field. The role of a specialized personal status lawyer is essential in protecting and facilitating rights through the following:

• Providing Appropriate Legal Advice: A specialized lawyer, like those at Samaha Legal Consultancy, helps the husband or wife understand the legal situation of divorce in all its aspects, explaining the difference between revocable and irrevocable divorce and their different consequences.
  This enables the parties to make informed and appropriate decisions.
• Handling Legal Procedures and Documenting the Divorce: A specialized lawyer handles the preparation and drafting of the necessary legal documents to document the divorce before the competent Sharia court or other authorities.
  They ensure that the reconciliation procedures are done legally and officially.
• Claiming Consequences of the Revocable Divorce: The role of a specialized lawyer includes following up on claims related to financial support, housing, or temporary maintenance during the iddah period.
  This lawyer works to ensure that the rights of the wife or children are not violated during this stage.
• Representing the Client in Court: In case of disputes regarding the divorce, reconciliation, or the iddah period, the specialized lawyer represents their client before the competent court, presenting evidence and legal arguments that serve the client’s interests within the framework of law and Sharia.
• Facilitating Reconciliation if Possible: In many revocable divorce cases, a specialized personal status lawyer acts as a mediator between the parties to bring their viewpoints closer, especially since revocable divorce allows for reconciliation and favors amicable solutions before a complete separation is reached.

Revocable divorce in the UAE is not an inevitable end to a marriage but rather an opportunity for review and reconsideration.

While the law provides flexibility in dealing with revocable divorce cases, the correct legal guidance from a specialized personal status lawyer, such as those at Samaha Legal Consultancy, remains an essential element for protecting rights. Contact US.