today, we are talking about divorce under the UAE`s personal status law, where Repudiation is defined as the dissolution of the valid contract of marriage in the form legally prescribed. as Repudiation takes place verbally or in writing and, in case of inability, by an understandable sign.
And Repudiation takes place by the husband or his proxy, designated in a special power of Attorney or the wife if her husband gave her complete autonomy of herself. repudiator must be:
Repudiation of the wife may occur only if she is a party to a valid marriage and she is not within the waiting period (known as Idda).
moreover, 1. Divorce subject to a condition precedent to do or depart from something shall not be effective unless there is an intention to divorce.
now, we will talk about types of divorce as there are two types of Repudiation either retractable or non-retractable:
and every repudiation is retractable except the repudiation completing the third, the one occurring before sexual penetration and the one considered by law final and decisive. and Divorce occurs through a declaration made by the husband and recorded by the judge. If the divorce has taken place outside the court, it can be legally established before the court by evidence or avowal, and the divorce is attributed to the date of the declaration. Upon request of the concerned persons and after divorce, the competent judge issues an order fixing the woman’s alimony during her waiting period as well as the alimony of the children, determine the person who has the right to foster the child and the right to visit the fostered child. This order is considered as being of summary execution by force of law and the prejudiced party may appeal this order by all means of appeal prescribed by law. and the husband is entitled to get back his divorcee, should the divorce be revocable and as long as she is within her waiting period. His right thereto is not forfeited even if surrendered. Should the divorcee’s waiting period expire, she may return to him by a new contract without the permission of her tutor, if he refuses to give her in marriage to him, provided that her first marriage from him has been concluded with the tutor’s consent or by order of the court. Getting back a divorcee occurs verbally, in writing and, where impossible, by a sign as well as by action with intent and Retrieval shall be recorded and the wife should be informed of it during her waiting period.
firstly: the separation occurs by the decision of the judge for accounts of defects:
article 112 of the UAE`s personal status law stipulates that:
Should the defects mentioned in Article (112) of this Law be not susceptible to disappear, the court shall rescind the marriage immediately and without delay.
Where it is likely to disappear, the court shall adjourn the case for an adequate period, not exceeding one year, and in case it does not disappear during this period and the party claiming rescission insists, the court shall rescind the marriage.
Each of the two spouses is entitled to ask for separation in the following instances:
1) In the case of deceit perpetrated by the other spouse or with his knowledge inducing to the formation of the marriage contract. Intentional silence about a fact is deceit if it is established that the deceived party would not have concluded the marriage contract had he been aware of such fact.
2) If it is established by a medical report the sterility of the other spouse, after a marriage that lasted five years and after medical treatment, provided that the claimant has no children and that he is not more than forty years of age.
3) If the other party is condemned for adultery or a similar offense.
4) Where it is established that the other spouse contracted a contagious fatal disease such as Aids or similar, so if it is feared that this disease is contracted by the other spouse or their descendants, the judge must order their separation.
A competent medical committee is used to identify defects for which differentiation is required.
Differentiation based on one of the above-mentioned clauses is considered to be an annulment of the marriage contract.
Each of the two spouses is entitled to ask for divorce due to prejudice that would make the continuity of the friendly companionship between them is impossible. The right of each of the spouses thereto shall not be forfeited unless their reconciliation is established. and under Article (16) of this Law, the Family Orientation Committee shall endeavor the reconciliation of the two spouses and, in case of failure, the judge shall propose reconciliation to the spouses. If this reconciliation is not possible and the prejudice is established, the judge shall order divorce. however, In case the prejudice is not established, the discordance is still continuing between the spouses and the Family Orientation Committee as well as the judge was not successful in reconciling them, the judge shall issue a judgment appointing two arbitrators from among their parents, if possible, after asking each of the spouses to nominate, in the next hearing at most, his arbitrator from among his parents, otherwise from those who have the experience and ability to reconcile. Should one of the spouses procrastinate in nominating his arbitrator or abstain from attending this hearing, the judgment shall not be subject to any cassation. 2. The judgment appointing the two arbitrators must include the starting and closing dates of their assignment provided it does not exceed ninety days extendable by a decision of the court. The court shall notify the two arbitrators and the parties to the litigation of the judgment appointing the arbitrators and shall ask each of them to take the oath that he will perform his assignment with equity and probity. The two arbitrators have to find out the reasons for discordance and deploy efforts to reconcile between the spouses, Abstention from any of the spouses to attend the arbitration sitting, whenever notified of the date fixed for it, or the next sittings if set at different intervals, shall not affect the progress of the arbitrators work.
what happened in case the arbitrators fail to reconcile the spouses?
1) Should the offense be entirely from the husband’s part and the wife, or both parties are claiming separation, the arbitrators shall decide a non-retractable divorce without prejudice to the rights of the wife resulting from marriage and divorce.
2) In case the offense is entirely from the wife’s part, the arbitrators shall decide divorce for a consideration deemed adequate by them and payable by the wife.
3) Where both parties participated in the offense, the arbitrators shall decide separation without consideration or with one in proportion to each one’s share in the offense.
4) If the case is not clear as to who is the offender among them and if the husband is the claimant, the arbitrators shall recommend dismissal of his case; but if the wife or both of them are claiming separation, the arbitrators shall decide separation between them without consideration.
The arbitrators shall submit to the judge their reasoned decision that shall include the extent to which each of the spouses offended the other. and the judge shall render his judgment under the decision reached by the arbitrators if they agreed, otherwise, he shall appoint others or join to them a third as the umpire. The court shall ask the arbitrator or the umpire to take an oath that he will perform his duties with equity and probity.
In the case of divorce due to prejudice, the prejudice shall be established by the legal means of proof and by the court judgments rendered against one of the spouses.
The hearsay testimony is accepted if the witness explained, or it was understood from his statement that prejudice is widespread in the spouses’ life environment as decided by the court.
A hearsay testimony to negate the prejudice is not accepted.
The testimony of a male or female witness, except the testimony of an ascendant against a descendant or vice-versa, shall be accepted if the witness fulfills the conditions set forth by law for testimonial evidence.
Where the wife asks for divorce, before consummation of marriage or legal privacy, and she deposited the amount received as dowry, the gifts obtained and the amount spent by the husband because of marriage, but the husband abstained from doing so and in case the judge did not succeed in reconciling them, he shall order separation against consideration (Khul’).
If the present husband abstains from supporting his wife and he does not have apparent funds from which he can pay, within a short time, the due alimony, the wife may ask separation. Should he allege to be insolvent but with no evidence as to his allegation, the judge shall order immediate divorce. If he keeps silent as to his being solvent or insolvent and insists on non-support, even if there is evidence of his insolvency, the judge shall grant him a respite of not more than a month after which, if he does not comply with his duty of support, the judge shall order divorce.
and we distinguish between two cases:
If he has apparent funds, the alimony judgment shall be enforced on these funds.
Where he has no apparent funds, the judge shall warn him and grant him a respite not in excess of one month to which shall be added the prescribed period of distance and, in case he does not execute his duty of support or does not bring the alimony, the judge shall order divorce after expiry of the respite.
The husband may retrieve his wife, while she still is in her waiting period, if there is evidence of his solvency and he shows his readiness to support his wife by paying the usual alimony, otherwise the retrieval is not valid.
and if the lawsuit for non-support is brought to court more than twice and it is established to the court the non-support in each and the wife asks divorce for non-support, the judge shall order a non-retractable divorce.
what is the meaning of Ila? when husband sware to ALLAH not to have sexual relations with his wife for four months or more, As saying to the wife: I swear to Allah that I will not have sexual relations for five months or forever and like he swore to Allah or says: I swear to ALLAH that I will give a charity of 10000 dirhams if I have sexual relations with my wife..
what is the meaning of Zihar: Husband takes an oath and compare his wife with a woman of his female kin who is prohibited to be married with: as if he said to his wife: you are sexually prohibited to me as my mother, my sister or my mother in law.
The wife is entitled to divorce on grounds of “Zihar”, abandonment or Ila since her status is suspended neither she is a wife and has the marital right nor is non-divorced, Allah will provide abundance for her from his all- reaching bounty.
The judge shall warn the husband to expiate from “Zihar” within four months from taking the oath. Should he refuse without giving a reason, the judge shall order a non-retractable divorce.
is it permissible to file a summary lawsuit demanding alimony?
It is not permissible to file a summary case for alimony, but the right way is to file a substantive legal action requesting alimony during the hearing.
In examining the divorce case, the judge shall decide which provisional measures he deems appropriate to take to secure alimony for the wife and the children and all that relates to the fostering and visiting of children upon request of any of the spouses.
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UAE Divorce Law
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