Divorce is a painful and highly emotional process for any married couple. The process can be even more complicated in the case of Muslim women who want to file for divorce. In the UAE, the steps required from a Muslim wife who wants to divorce her husband are clearly outlined in the Personal Status Law. A woman should be well aware of the relevant legal provisions as well as her rights in that regard before embarking on such a step.
The UAE Personal Status Law as provided under Federal Law No. 28 of 2005 and its amendments provides for the procedures and rights to divorce. Article 100 of this law provides for the right of a Muslim woman to seek divorce.
According to this Article, “Divorce may be initiated by the husband or the wife or their representative, wherever their existence is proved according to court procedures”
“Divorce shall be initiated either by the husband or whoever represents him for this purpose, under a special power of attorney, or by the wife or whoever represents her for this purpose, under a special power of attorney, as agreed upon in the marriage contract; and it shall be documented according to the procedures followed in the court.”
It means that the Muslim woman can file for divorce without needing her husband’s permission and will be able to proceed with the legal process with or without his cooperation.
Divorce Initiated by the Wife Khul is the divorce in Islamic Law when the wife divorces her husband in return for compensation. The UAE Personal Status Law has provided for this under Article 110.
Article 110 states that:
Through Khul, a woman may divorce her husband in return for the relinquishment of certain financial rights, an exception being made about children’s maintenance and custody.
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Once a divorce is initiated, the court issues an order about alimony, custody, and maintenance. These are very crucial matters in view of the well-being of the children and the economical position of that woman.
Under the UAE Personal Status Law, Article 67, a Muslim lady is entitled to claim maintenance in divorce. This will entail interim maintenance for her and her children whilst waiting for her divorce to be finalized. The right of filing for maintenance shall reasonably be exercised within three years from the date of filing for divorce.
Custody of children in divorce cases is another issue. Pursuant to Article 156(1), a Muslim woman’s right to custody of her son continues till the age of 11 and of her daughter till she reaches 13 years, subject always to the court having the power to prolong either period should it find this to be in the interest of the children.
“The right of women to fosterage of a child shall end upon his reaching the age of eleven years, if a male, and thirteen years, if a female, unless the court deems that extending this age to the age of maturity, for the male, and up to her marriage, for the female, is in his/her best interest.”
Maintenance of the children is the duty of their father, which includes providing them with food, housing, clothing, and education until his daughter gets married and the son reaches the age of earning his livelihood or until he completes his education, as the case may be, as provided for under Article 78(1) of the UAE Personal Status Law.
Article 78(1) states: “Alimony of the small child who has no financial resources is on his father until the marriage of the girl or until the boy reaches the age at which his fellow-mates earn their living unless he is a student continuing his studies with normal success.”
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Apart from providing the general framework within which the Muslim women can seek divorce from their husbands, the UAE Personal Status Law also details the wife’s right to claim maintenance for herself and her children and seek custody by the provision of the law. They can seek divorce by way of regular divorce or Khul.
Divorce is, anyway, a very overwhelming procedure and litigation. The complexities of it are being negotiated by the HHS with their clients so the latter receive the best legal advice on securing your rights throughout the divorce procedure. Our divorce lawyers shall handle the filing of documents, search through options for you, and represent your interests in court should there be a need to do so.
If you’re thinking of divorce, Contact HHS Lawyers in Dubai today for a consultation. Allow us to be your support in this difficult time and strive for fair and just treatment for yourself and your children.