UAE clarifies Divorce rights for non-Muslim women seek separation from husbands

Asma Ahmed - | UAE

Non-Muslim individuals residing in the UAE have the option to apply the personal laws of their home country in matters of personal status, such as marriage, divorce, inheritance, wills, and proof of parentage.

UAE Personal Status Law for Non-Muslims

This provision is stated in Article 1(1) of the UAE Personal Status Law for Non-Muslims, which emphasizes the jurisdiction of UAE personal status courts to handle such matters while respecting the individual's choice to adhere to their home country's laws.

The UAE Personal Status Law for Non-Muslims ensures equal rights and obligations for men and women. Article 4 of the law specifically addresses this equality in various aspects, including witnesses, inheritance, the right to request divorce, and joint custody of children. The law emphasizes that both husband and wife have the right to joint custody of their children once a divorce is granted by a personal status court. This joint custody arrangement continues until the child reaches the age of 18, after which the child has the freedom to choose their living arrangement.

Non-Muslim women in the UAE can file for alimony, maintenance, and custody of their children following a divorce. The personal status court considers several factors when determining alimony and maintenance, such as the duration of the marriage, the age of the wife, the financial stability of both parties, and the reasons for the divorce. The court also takes into account whether the husband was negligent or committed acts that led to the divorce, as well as any financial losses incurred by either party.

The husband is obligated to cover the expenses related to the custody of the children during the joint custody period. This obligation includes paying for the mother's expenses in caring for the children, with a temporary period not exceeding two years, as determined by an accounting expert's report. Maintenance payments to the wife may cease if she remarries or if the custody of the children ends for valid reasons. Additionally, the wife has the right to request the court revise the amount of maintenance based on changing circumstances.

Application of a Home Country's Laws

Non-Muslim individuals in the UAE have the flexibility to choose whether to apply the UAE Personal Status Law for Non-Muslims or the personal laws of their home country in matters of divorce, maintenance, and custody. This choice allows individuals to select the legal framework that is most beneficial and appropriate for their specific situation.

When deciding whether to apply the UAE Personal Status Law for Non-Muslims or the personal laws of their home country, individuals should consider the advantages and disadvantages of each legal system. Factors such as cultural norms, legal procedures, and the potential outcomes of their case can influence this decision. Consulting with legal experts who are knowledgeable about both the UAE's legal system and the individual's home country's laws can provide valuable guidance in making an informed choice.

The UAE Personal Status Law for Non-Muslims offers significant flexibility and equality for non-Muslim residents in matters of personal status. By allowing individuals to choose between UAE law and their home country's laws, the legal framework accommodates diverse cultural backgrounds and personal preferences. This approach ensures that non-Muslim residents can navigate personal status issues in a manner that aligns with their values and needs while upholding the principles of equality and justice.

About Author

Asma Ahmed
Asma Ahmed
1648 Total posts


Read Also

UAE
Mohre announces the facilitation of work permit procedures in the UAE when issued or cancelled

The Ministry of Human Resources and Emiratisation announced the facilitation of work permit procedures when issued or cancelled.

UAE
Dubai Airport announces new restrictions on passengers

Dubai Airport authorities announced some restrictions for non-travelers in July and August.

UAE
Companies in the UAE provide alternative systems for end-of-service compensation

Various alternate methods of end-of-service compensation are offered by businesses in the United Arab Emirates.

UAE
New important instructions for passengers traveling through Dubai airports

Travelers in a hurry to leave Dubai are advised to complete immigration 1.5 hours in advance of departure.

UAE
FTA announces the imposition of a fine of 10 thousand dirhams in the UAE due to taxes

It has been announced by the FTA that a fine of ten thousand dirhams will be imposed in the United Arab Emirates due to taxation.

UAE
The Meteorological Authority announces the date of rain in the UAE during the coming days and weeks

The dates of the upcoming rainy days and weeks in the Emirates are announced by the Meteorological Authority.

UAE
Mohre announces paid holiday for employees in the UAE

Mohre has stated that employees in the UAE will receive paid vacation time.

UAE
Expo Dubai gives families the chance to win a summer vacation in 7 destinations

During Expo Dubai, families have the opportunity to win a summer trip to one of seven different locations.

UAE
Dubai Mall Introduces Paid Parking from July 1 with Salik Boards Near Entrances

Boards displaying the distinctive grey and white Salik branding have recently appeared at various entrances of Dubai Mall, signaling the imminent introduction of paid parking for visitors.

UAE
The UAE authorities announced the evacuation of residents from a residential tower in Sharjah

It was stated by the authorities in the United Arab Emirates that the occupants of a residential tower in Sharjah would be evacuated.

UAE
Dubai announces plan to add 32 new metro stations by 2030

Dubai's Metro service is set to significantly expand in the coming years following the approval of a development plan by the emirate's Executive Council.

UAE
Dubai Targets $177bn FDI by 2033 with Major Metro Area Developments

Dubai has set an ambitious target to attract AED650 billion ($177 billion) in foreign direct investment (FDI) by 2033, supported by the Dubai Executive Council.

UAE
UAE announces 5-Year Penalty for Revealing Work Secrets

The Criminal Information Center (Wa'i) of the UAE's Public Prosecution recently brought attention to the consequences of sharing confidential company information on social media, with the undercurrent of "Work secrets are trust."

UAE
Dubai seized 1,274 drug shipments last year, including heroin, meth & marijuana

Dubai Customs reported 1,273 seizures of illicit drugs at land, sea, and air ports across the emirate as part of efforts commemorating the International Day Against Drug Abuse and Illicit Trafficking.

UAE
A new fuel prices in the UAE for the month of July.. Changes in taxi prices

The UAE has recently implemented new fuel tariffs for the month of July. The prices of taxis have been adjusted.

UAE
UAE Petrol Prices Decline Once More for July 2024

The UAE has announced a reduction in petrol prices for July 2024, marking the second consecutive month of price decreases across the country.

UAE
UAE Takes Action Against Counterfeit Goods with 620 Violations Recorded in 2023

Since the beginning of 2023 through the first half of the year, the UAE's Ministry of Economy has conducted 4,444 inspection tours across local markets. These efforts target cases of commercial fraud, imitation, and trademark counterfeiting,...

UAE
UAE Sets 6 New Rules from Fines to Paid Parking, Changes Effective July

As we approach the midpoint of 2024, the UAE has been abuzz with significant developments that are set to impact daily life and financial planning across the Emirates.

UAE
New fees and fines will be imposed on UAE residents starting July 1

There are six new restrictions that will take effect in July, ranging from paid parking to new fines in the UAE.

UAE
The UAE authorities announced the amendment of the system of paid parking fees in several areas

It was declared by the authorities in the UAE that they would be changing the system of paid parking fees in a number of different regions.

UAE
The UAE warns of hail and rain in some areas and issues an orange alert

This morning, the National Center of Meteorology in the United Arab Emirates issued an orange alert regarding the weather conditions in the UAE. The center warned of rain in some eastern regions, in addition to the presence of dusty conditions...

UAE
UAE police arrested Hundreds in overnight crackdown on cybercrime syndicates

In a sweeping overnight initiative across the UAE, significant cybercrime networks were disrupted, marking a pivotal moment in law enforcement's ongoing battle against digital crime.

UAE
UAE: Four New Mosques on Famous Square Corners Wow Residents

Sharjah has constructed four new mosques with traditional Islamic styles that really reflect Arab culture and Islam.

UAE
Dubai schools top global rankings in financial literacy and creative thinking

Dubai’s private schools have once again affirmed their global standing by achieving impressive rankings in financial literacy and creative thinking in the 2022 Programme for International Student Assessment (PISA), conducted by the Organisation for...

UAE
UAE: Ministry of Foreign Affairs issued a warning to travelers to 6 countries

The Ministry of Foreign Affairs of the United Arab Emirates issued a caution to travelers to six other nations.

UAE
Sharjah Summer Sale: 75% Discounts and Gold Prizes Starting July 1 in UAE

On July 1, Sharjah's much awaited massive summer sale returns promise for large bargains, spectacular events, and raffle prizes of Dh3 million.

UAE
Meteorology issues red and yellow alerts due to fog and rainfall in the UAE

As a result of fog and precipitation in the Emirates, meteorology professionals have issued red and yellow warnings.

UAE
The UAE announces a 35% discount on traffic violations for residents

The UAE government revealed huge discounts on traffic violations for UAE residents of up to 35%.

Dubai Relaxes Travel Ban Regulations for Divorced Parents