Types of divorce in the UAE

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Divorce in the UAE: Recent Developments

Regarding recent family legislation, various types of divorce in the UAE have emerged to regulate the relationship between spouses in cases of separation, while clarifying and defining all rights and obligations related to alimony and child custody. This diversity demonstrates the flexibility of UAE law in dealing with disputes within both Muslim and non-Muslim families. By contacting Samaha Legal Consultancy, you can receive legal assistance in these matters.

What Are the Types of Divorce in the UAE?

The types of divorce in the UAE are categorized based on the effect on the marriage contract, the extent to which reconciliation is permissible, and the religious status of the spouses. By consulting a specialized lawyer like Samaha Legal Consultancy, you can understand the different types of divorce in the UAE and their legal procedures.

The law has regulated the types of divorce in the UAE to ensure a balanced distribution of rights between the parties, while taking into account the rules derived from Islamic Sharia for Muslims and applying civil law for non-Muslims. The main classifications for divorce cases in the UAE are as follows:

Revocable Divorce: This type of divorce occurs after the first or second pronouncement and maintains the marital bond during the wife’s waiting period (Iddah). The husband can take his wife back without a new contract or dowry as long as her Iddah period has not ended.
Irrevocable Divorce: This type of divorce dissolves the marital bond immediately upon its occurrence and is divided into two categories:
- Minor Irrevocable Divorce: This type 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: This type of divorce occurs after the third pronouncement. The divorced woman cannot remarry her ex-husband unless she marries another man in a complete and valid marriage, consummates it, is then divorced from him, and her Iddah period ends.

In these types of divorce cases, you can seek assistance from Samaha Legal Consultancy to understand the details and legal intricacies of revocable divorce in all its aspects.

Judicial Divorce: This type of divorce occurs by a court judgment due to legitimate reasons, such as harm, unjustified absence, non-support of the family, or a defect in the spouse. This process is handled with the help of a specialized lawyer like Samaha Legal Consultancy to finalize all the relevant legal procedures.
Divorce by Khul’: This type of divorce occurs at the wife’s request in exchange for her waiving her financial rights or a portion of them. This requires the husband’s consent or a court judgment in case of his refusal. A specialized law firm like Samaha Legal Consultancy can assist you in finalizing these cases legally.
Civil Divorce for Non-Muslims: This applies to non-Muslims in accordance with the provisions of Federal Law No. 41 of 2022 on Personal Status for Non-Muslims. It is resolved through civil procedures that ensure legal protection for both parties.

What Are the Conditions for Divorce According to UAE Law?

The conditions for divorce vary according to the types of divorce in the UAE. However, there are specific conditions that govern the occurrence of divorce and protect the rights of both spouses. The most important of these conditions are:

A divorce is not valid if it is issued by a person who has lost mental capacity, whether permanently or temporarily, such as in cases of drug or alcohol use that lead to a loss of control over the mind and will.
Divorce issued under duress or in a state of extreme anger is not valid if the husband loses control over his words and actions, as this does not reflect a true and valid intention to divorce.
Divorce is only valid within a sound marriage contract.
A divorce cannot be issued during the waiting period resulting from a previous divorce or an invalid marriage, as this protects the woman’s rights and preserves the stability of the marital relationship during these sensitive periods.
It is not valid to make a divorce contingent on a future condition or link it 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 clarity and sincerity of the decision.
In cases of absentee divorce, the husband must have been absent from his wife for six consecutive months without a valid excuse, which gives the wife the right to file for a divorce due to absence.
A divorce issued as a form of oath without a serious intention to end the marriage is prohibited, as the law prevents the verbal exploitation of the right to divorce in such circumstances.

With the help of Samaha Legal Consultancy, you can understand the conditions for divorce according to the law and all its legal intricacies based on the type of divorce in the UAE.

What Are the Procedures for Divorce in the UAE?

The divorce procedures are based on the type of divorce in the UAE, starting with the principle of giving spouses an opportunity to resolve their disputes amicably before resorting to a judicial decision, while providing clear legal guarantees that ensure the transparency and integrity of the procedures.

Filing the divorce petition with the competent court based on the type of divorce in the UAE. The petition must include the reasons for the lawsuit in accordance with the divorce conditions stipulated in Law No. 41 of 2024.
Notifying the other party of the lawsuit. This allows the other party to respond or file an objection, after which the court will begin to hear the statements of both parties to listen to their different points of view.
Holding hearing sessions for both parties to examine the evidence and documents submitted. The focus is on evaluating the validity and verification of the reasons for divorce according to the specific legal standards.
Attempting reconciliation between the spouses through judicial mediation sessions. The law attempts to provide opportunities for reconciliation before the final termination of the marital relationship.
Issuing a divorce judgment by the court based on a comprehensive assessment of the circumstances and evidence submitted. All legal conditions are verified according to the types of divorce in the UAE, including custody rights and alimony.
Registering the divorce judgment in the official records. This involves issuing legal documents that officially terminate the marriage contract, giving both parties a clear legal status and preventing future disputes between them.

We recommend consulting a specialized lawyer like Samaha Legal Consultancy to ensure all legal procedures are completed correctly and to avoid any errors that could affect the rights of either party in any of the types of divorce in the UAE.

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