Muslim and Non-Muslim Divorce Procedure Under the UAE Law

Introduction:

Divorce is a significant aspect of family law in the UAE, where it is governed by different legal frameworks for Muslims and non-Muslims. Historically, Federal Law No. 28 of 2005 regulated personal status matters for both groups, along with provisions from the UAE Civil Transactions Law. However, in a bid to attract more foreign residents and harmonize its laws with international standards, the UAE introduced reforms through Federal Decree-Law No. 41 of 2022 and Abu Dhabi Law No. 14 of 2021 on Civil Marriage. These new laws mark a significant shift, especially for non-Muslims, aligning family laws with internationally recognized practices.

This article explores the divorce procedures for Muslims under the traditional laws and for non-Muslims under the newly enacted civil laws.

Divorce Procedure for Muslims under Federal Law No. 28/2005:

Under Federal Law No. 28/2005, divorce is viewed as the termination of the marriage contract. The law primarily follows Sharia law, allowing the husband to initiate divorce (Talaq), but also permitting the wife to seek divorce under specific circumstances, such as harm or non-fulfillment of marital duties.

• Talaq: The husband can pronounce “Talaq” (divorce) three times, with or without a witness, for a valid divorce under Sharia law.
• Initiation by Wife: The wife may seek divorce through Khula (mutual consent) or if specific conditions such as harm, financial neglect, or prolonged absence exist.
• Court Registration: To be legally recognized in the UAE, a divorce must be registered with the court.

Grounds for Divorce (Muslim Laws):

1. Defects: Such as insanity or leprosy, which prevent physical interaction (Article 112).
2. Serious Deceit: If one spouse engages in serious deceit, the other may file for divorce (Article 114).
3. Non-payment of Dowry: The husband’s failure to pay the dowry in a non-consummated marriage (Article 116).
4. Discordance: If ongoing discord makes the relationship unmanageable (Article 117).
5. Financial Neglect: Failure of the husband to financially support the wife (Article 124).
6. Prolonged Absence: If the husband is absent without justifiable cause, the wife can file for divorce (Article 129 and 130).
7. Imprisonment: A sentence of over 3 years of imprisonment for the husband qualifies as grounds for divorce (Article 131).
8. Prolonged Disengagement: If the husband fails to cohabit with the wife for more than four months (Article 132-133).

Once divorce is initiated, the wife must observe the Idda waiting period, which typically lasts for three months or until the birth of a child if the wife is pregnant. During this time, the husband is responsible for her financial support, and the couple may reconsider the divorce.

Divorce Procedure for Non-Muslims under Federal Decree-Law No. 41/2022 and Abu Dhabi Law No. 14 of 2021:

In contrast to Sharia-based law, the UAE introduced Federal Decree-Law No. 41 of 2022 and Abu Dhabi Law No. 14 of 2021 to govern divorce for non-Muslims, reflecting a no-fault divorce system. These laws simplify the divorce process, eliminating the need for fault or blame and offering an easier path for non-Muslim couples.

Key Features of Non-Muslim Divorce Law:

1. No-Fault Divorce: Neither spouse is required to provide reasons or assign blame for the divorce. This significantly simplifies the process compared to Sharia law. Divorce can be filed by one spouse unilaterally or jointly by both.
2. No Mediation Requirement: Unlike the process under Muslim laws, non-Muslim couples are not required to undergo mandatory mediation before filing for divorce, streamlining the process.
3. Immediate Effect: Once the divorce is finalized in court, it takes effect immediately, without a mandatory waiting period (unlike the Idda for Muslims).

Alimony and Financial Claims (for Non-Muslims):

Once a divorce judgment is issued, the wife can apply for alimony. If the marriage contract does not specify terms, the court will consider several factors when deciding on financial support:

• Marriage Duration: Longer marriages generally result in higher alimony.
• Wife’s Age: Younger wives may receive less alimony compared to older wives.
• Financial Status: The court assesses the financial situation of both spouses, sometimes with the help of an accounting expert.
• Husband’s Contribution to Divorce: If the husband is found to be at fault or negligent, this may affect the alimony ruling.
• Compensation for Damage: Either party can seek compensation for material or emotional harm caused by the divorce.
• Child Custody Expenses: The husband must cover child custody expenses if the mother has primary custody.

Alimony is terminated if the wife remarries or if her custody of the children ends. Additionally, either spouse can request adjustments to the alimony amount if circumstances change, such as financial difficulties or changes in custody.

Comparison of Muslim vs Non-Muslim Divorce Procedures:

Conclusion:

The legal landscape of divorce in the UAE has undergone significant reforms, especially with the introduction of Federal Decree-Law No. 41/2022 and Abu Dhabi Law No. 14/2021, which simplify divorce procedures for non-Muslims. These reforms not only align with international norms but also streamline the process, making it more straightforward for expatriates and foreign residents in the UAE. For Muslims, however, the process is governed by the traditional Sharia law, which includes detailed provisions for reconciliation and financial support during and after divorce. Understanding these differences is crucial for individuals navigating the legal system in the UAE.