What are the Valid Reason for Divorce in UAE [2024 Update]

Divorce is a big and emotional decision. In the UAE, divorce laws are mainly based on Islamic Sharia law for Muslims. Non-Muslims can choose to follow either the laws of their home country or UAE laws. It’s important to know the valid reasons for divorce in the UAE if you’re thinking about taking this step.

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1. Adultery

One of the most common grounds for divorce in the UAE is adultery. If a spouse can prove that the other has committed adultery, it is a valid reason for divorce. Adultery is considered a severe violation of marital trust and is taken seriously under UAE law. Proof can be challenging to obtain and may require the involvement of private investigators or the submission of concrete evidence such as messages, photographs, or witness testimonies.

2. Physical or Emotional Abuse

Physical or emotional abuse is another valid ground for divorce. Physical abuse includes any form of violence or harm inflicted by one spouse on the other. Emotional abuse, though harder to prove, encompasses behaviors that cause significant psychological distress, such as constant criticism, humiliation, isolation, or threats. Victims of abuse can file for divorce to protect themselves and their children from further harm.

3. Desertion or Abandonment

Desertion or abandonment occurs when one spouse leaves the other without any reasonable cause or intention to return. In the UAE, if a spouse abandons the other for more than a year, it can be a valid reason for divorce. This abandonment must be willful and without the consent of the abandoned spouse.

4. Failure to Provide Financial Support

In the UAE, a husband is legally obligated to provide financial support to his wife and children. Failure to fulfill this responsibility can be a valid ground for divorce. If a husband neglects his duty to provide for the family’s basic needs, including food, shelter, and medical care, the wife can seek a divorce.

5. Incompatibility and Irreconcilable Differences

Incompatibility and irreconcilable differences are increasingly recognized as valid reasons for divorce in the UAE. Couples may find that over time, their personalities, goals, or values diverge significantly, making it impossible to continue the marriage. Unlike some other grounds, proving incompatibility may not require as much concrete evidence but rather a demonstration of the breakdown in the marital relationship.

6. Mental Illness

Mental illness can be a ground for divorce if it severely impacts the marriage. If a spouse suffers from a mental illness that renders them unable to fulfill their marital duties or poses a threat to the safety and well-being of the other spouse or children, it can be a valid reason for divorce. Medical evidence and expert testimonies are usually required to substantiate such claims.

7. Chronic Addiction

Chronic addiction to substances such as drugs or alcohol can be a valid ground for divorce. Addiction can lead to various issues, including financial instability, neglect, and abusive behavior, all of which can destroy a marriage. If one spouse’s addiction negatively impacts the family’s welfare and the addicted spouse refuses or fails to seek help, the other spouse can file for divorce.

Legal Process of Divorce in the UAE

The process of obtaining a divorce in the UAE involves several steps:

1. Counseling and Reconciliation: The UAE courts often require couples to undergo counseling or reconciliation sessions before proceeding with divorce. This step aims to help couples resolve their differences and save the marriage if possible.
2. Filing a Case: If reconciliation fails, the spouse seeking divorce can file a case with the Family Guidance Section at the local courts. The case must include valid grounds for divorce and supporting evidence.
3. Court Proceedings: The court will review the case, examine the evidence, and listen to testimonies from both parties. The judge will then make a decision based on the merits of the case.
4. Issuance of Divorce Decree: If the court grants the divorce, a divorce decree will be issued, outlining the terms of the divorce, including child custody, alimony, and division of assets.

Considerations for Non-Muslim Expats

Non-Muslim expatriates have the option to file for divorce under the laws of their home country or UAE laws. This flexibility allows them to choose the legal framework that best suits their circumstances. However, it’s important to note that if they choose to file under UAE laws, they must adhere to the same grounds for divorce as Muslims.

Child Custody and Alimony

Child custody and alimony are critical aspects of divorce proceedings. The UAE courts prioritize the best interests of the child when determining custody arrangements. Typically, mothers are granted custody of young children, while fathers are given custody of older children. However, each case is evaluated individually.

Alimony, or financial support provided by one spouse to the other, is determined based on various factors, including the length of the marriage, the financial status of both parties, and the needs of any children involved. The court aims to ensure that the financial well-being of the children and the lower-earning spouse is protected.

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Conclusion

Hope this article give you the proper clarification for your all doubts. Divorce is a complex and emotionally challenging process. Understanding the valid reasons for divorce in the UAE can help individuals navigate this difficult period more effectively. Whether due to adultery, abuse, abandonment, or other significant issues, it’s crucial to approach the process with a clear understanding of the legal framework and seek professional legal advice to ensure a fair and just resolution.