In today’s world, people use apps like WhatsApp to talk about everything. This includes discussing everything, even serious matters like divorce. So can such a WhatsApp text message or voice note end a marriage under UAE law? Most people have this question, particularly when one partner resides out of the UAE.
Thus, this article will help you know how the UAE law proceeds regarding divorces communicated via WhatsApp, the method to legalize such divorces, and what happens if your spouse resides in a different country.
Yes, the UAE Personal Status Law allows for a divorce pronouncement over WhatsApp. The UAE Personal Status Law defines divorce (or talaq) as the act of the dissolution of the marriage contract by the will of the husband through the word indicating it.
The UAE Personal Status Law in Article 54(1) defines three methods for divorce declaration:
A husband who sends divorce pronouncements via WhatsApp voice notes or messages is valid according to UAE law.
A WhatsApp divorce does not automatically constitute a valid separation. The legal process extends beyond the WhatsApp divorce pronouncement. A divorce declaration through WhatsApp requires official documentation with a UAE court according to the law. This is very important.
Article 58(1) of the UAE Personal Status Law states that
“The husband shall document the divorce before the competent court within a maximum period of (15) fifteen days from the date of its occurrence, and this does not prejudice the wife’s right to file a case to prove the divorce”.
The divorce has to be filed in the court within 15 days, or else the process may be delayed. This step is imperative for legal recognition of the divorce before any other legal proceedings like child custody, support, or remarriage.
Many residents of the UAE are nationals from different foreign countries. Under these conditions, it is even permitted for spouses to stay apart. The law does take consideration of such cases here.
According to Article 4(2) of the UAE Personal Status Law and Article 20(4) of the UAE Civil Procedure Code, a wife living in the UAE can apply for a divorce from a husband who is residing abroad.
According to Article 4(2) of the Personal Status Law, it states that:
“The courts of the State have the competence to hear cases related to Personal Status filed against a foreigner who has no domicile, residence, or place of work in the State, in the following case:
…….if it is filed by a wife who has a domicile or place of residence in the State against her husband who had a domicile, place of residence or place of work in the State, provided that the husband has abandoned his wife and made his domicile or place of residence or place of work abroad, has been deported from the State or if his domicile abroad is unknown”.
The courts shall have jurisdiction over the foreigner who has no place of residence or domicile in the State in the following case:
If the legal proceeding is instituted by a wife who has a place of residence in the State against her husband who had a place of residence therein;
In other words, if you are a woman living in the UAE and your husband is abroad, you will have the right to start legal divorce proceedings against him in the courts of the UAE.
You may want to know- How to File for Divorce in the UAE: A Guide for Muslim and Non-Muslim Expats
When both husband and wife agree to a divorce and the divorce was done through WhatsApp messages, the following steps should be taken to ensure that the divorce is valid in the UAE.
Here’s what a wife can do:
These steps ensure that the divorce is recognized and enforced by courts in the UAE. It is also important for issues relating to child custody, alimony, or remarriage.
Further to it, Article 224 of the UAE Civil Procedure Code provides for the enforcement of notarized foreign documents in the UAE under certain conditions:
“No order for enforcement may be made until after it has been ascertained that:
You may want to know – Can a Muslim Woman Initiate Divorce Proceedings Against Her Husband?
The digital divorce process remains possible under the law, but it involves different procedures to be followed. The situation becomes even more challenging when international rules and documents are involved. Legal assistance becomes essential when child custody, financial claims, and shared assets exist in divorce proceedings.
A Divorce lawyers in Dubai UAE can help you:
A UAE divorce through WhatsApp messages or voice notes becomes valid only after following proper legal procedures. The court registration process for divorce must start within 15 days, but the husband needs to establish proper legal documentation while being abroad, which requires translation and attestation.
The correct legal procedure safeguards your rights while also securing UAE authority recognition of your divorce.
You may want to know – Can Indian Expats in UAE File for Divorce in India?
At HHS Dubai Lawyers, our professional marriage and divorce lawyers assist clients through digital divorce processes, including cases with foreign spouses. We manage all aspects of the legal process so you can focus on other matters.
We provide assistance for WhatsApp divorces as well as cross-border legal problems. Our team provides customized legal advice for your specific situation. Contact us today.