Because the family is the foundation of society, the UAE law has a great interest in it by enacting decisions and legislation aimed at organizing the family and establishing laws aimed at resolving family disputes, mitigating divorce cases, and separating spouses.
So in this article, we will discuss the issue of divorce between spouses as well as the most important provisions issued by UAE law. Continue reading this article with us for more information.
The Meaning of separation between spouses
the separation between spouses is defined in UAE law as the termination of the marriage contract between spouses for one of the reasons provided by law so that it is based on a court judgment as a result of one spouse’s request and after it has been established that there is harm inflicted by the other party and this called separation Which differs in its concept from divorce, since separation takes place by the force of law, but divorce takes place by the will of the one who divorced.
The method and reasons for Separation between spouses in UAE law
The Personal Status Law stipulates the provisions for separation between the spouses, i.e. the annulment of the marriage, in Part III No. (28) of 2005 AD. (The Personal Status Law)
- Separation caused by ills:
The UAE Personal Status Law contains several articles that specify the conditions and cases of marriage dissolution, including:
- According to Article (112) of the Personal Status Law in the UAE, one of the spouses can claim the annulment of a marriage due to a cause such as a harmful defect such as madness or leprosy discovered in the other party, whether the defect was discovered before or after the marriage contract, but if he knows the reason before marriage or is satisfied with it after the marriage contract, then his right to demand the annulment of the marriage is forfeited.
- Article (112), in its fourth paragraph, provides for the confidentiality of court hearings following the dissolution of the marriage contract as a result of sexual defects and due to the privacy of the matter and to prevent embarrassment.
- Similarly, Article (113) of the law states that if the cessation of the defect is impossible in this case, the court must annul the marriage. If the defect is curable, the court will adjourn the case for a year, and if the defect does not fade away during that time and the party insists on annulment, the court must annul the marriage contract after consulting with a specialized medical committee.
- Article (114) of the law explained the situations in which one of the spouses could request a separation lawsuit, which is as follows:
- If one of the two parties deceived the other and revealed that the deceived party would not have entered into this contract if he had known about it.
- Proof of infertility of one of the spouses by presenting a medical report after five years of marriage provided the Infertile is under the age of forty and does not have children.
- The decision on one of the spouses committing adultery or something similar.
- Proof of one of the spouses being infected with contagious diseases that can kill, such as AIDS and others.
- Separation for non-payment of the dowry:
If the marriage was not consummated with the wife and there was no money evident for the husband, or if the husband was insolvent, here, the wife is ordered to separate; however, if the marriage was consummated here, the wife is not ordered to separate, and the dowry remains a debt to the husband.
- Separation due to harm and discord:
According to Article (118) of UAE law, if the damage is not proven, the court will dismiss the case, and if the rift between the spouses persists, the aggrieved party will file a new case. and if they did not appoint their verdict here the court appoints whoever it believes is capable of reconciling them, and the decision is not appealable.
- Separation for not spending:
Article (124) of UAE law specifies the conditions for the wife to claim separation due to lack of spending, which is when the husband refuses to spend and claims insolvency without proving it, and the judge must divorce them.
- Separation due to backbiting,loss, and imprisonment
The UAE law on personal status stipulates that the wife has the right to request a divorce in the event that her husband is absent from her and his domicile and residence are known, or if her husband is missing and does not know his place of residence, or if her husband has been imprisoned for 3 years or more, then she is sentenced to divorce after investigating the husband.
- Separation due to Ilaa and Zihaar.
a husband swears by god to leave his wife’s intercourse forever, or for more than four months, while zihaar is when a man resembles his wife to a woman who is forbidden to him permanently, and here the UAE law rules a divorce.
Finally, we hope that our information about spouse separation has been useful to you and that your marital and family happiness will continue.
