Divorce by Harm Lawyers in Dubai

Divorce is difficult for everyone. Some marriages end bitterly, with unhealthy discussions turning into serious disputes. Divorce is often not mutual. Divorce by harm occurs when one spouse makes the other’s life intolerable. The Dubai Personal Status Court must be satisfied that divorce by harm exists, and this can only be proven with evidence. The court assesses whether harm has been established and whether reconciliation is possible before deciding the claim.

Reviewed by Advocate Mr. Mohammad Ebrahim Hassan Al Shaiba.

Bring to your assessment

Harm can only be proven with evidence. Start with what you have

  • Marriage certificate
  • Medical reports
  • Witness testimony
  • Documents showing mental, physical or financial harm

Additional documents may be required.

Does Divorce by Harm Apply to You?

You can seek divorce by harm if you’re facing:

  • Verbal abuse
  • Humiliation
  • Abandonment of the marital home
  • Refusal of maintenance

Muslim spouses

Muslim divorce cases are handled under Sharia principles. The applicable law depends on the spouse’s nationality, religion, and the relevant choice-of-law rules. A foreign spouse may request the application of foreign law where permitted under UAE legislation.

Non-Muslim spouses

If both spouses are non-Muslims, they may file under the civil personal status law. It allows one spouse to file without giving a specific reason or blaming the other spouse. In a harm case, the court does require you to provide evidence.

Our experienced family lawyers can assist with divorce by harm cases, whether you are Muslim or non-Muslim, and help you to present your evidence supporting domestic abuse before court.

What is Divorce by Harm?

Federal Decree-Law No. 41 of 2024

The Personal Status Law, which outlines grounds for separation including harm, abandonment, and failure to provide financial maintenance.

Ordinary disagreements do not automatically establish grounds for divorce by harm. The harm in divorce is explained under the circumstances as obligations to each other. When disagreements happen, spouses fight with each other, and sometimes one of them becomes violent or even tortures the other spouse mentally. Verbal abuse and humiliation may support a claim for divorce by harm, depending on their seriousness and the evidence. Abandonment and failure to provide maintenance may also involve separate legal grounds with their own requirements.

Article 80, Federal Decree-Law No. 41 of 2024

Either spouse may request divorce for harm where the other spouse is addicted to drugs, psychotropic substances, or alcohol.

It is important to understand that when you are filing a divorce for harm, the harm must be linked to your marital life and your spouse’s ill-treatment. Also, facts will be relevant to the harm that your spouse has done to you. Evidence is essential.

How to Prove Divorce by Harm Cases

Harm in divorce should be evident. A clear account of the alleged harm should be supported by relevant evidence. Verbal abuse may also be relevant to the claim. It means you will have to give proof to the UAE courts of how you were hurt. Proof of harm may include:

Medical reports

Records showing you were harmed.

Witness testimony

Accounts from people who saw the harm.

Documents

Anything showing you were harmed mentally, physically, or financially.

Something that is your right but is not given by the spouse and ended in violation or torture could be a reason for harm in divorce. The UAE Supreme Court may overrule the decision to divorce if the harm has not been proven. In the UAE, divorce cases are handled with sensitivity. Evidence of harm or torture would be a valid reason for divorce. The court assesses its reliability, relevance, and significance alongside the other circumstances.

A case that came back

Recently, a wife filed a case for divorce due to harm abroad, but it was dismissed because you could not prove it. The harm continued, and the UAE courts allowed her to bring a fresh claim.

Overruling of Divorce by Harm Cases in the UAE

A legal case filed against divorce by harm with no evidence is dismissed in the UAE courts. Under Article 72, if harm is not proved and discord continues, a fresh claim may generally be filed:

  1. Claim dismissed

    Harm is not proved and discord continues.

  2. Wait

    After the judgment becomes final or six months from the first-instance judgment, whichever is later.

  3. Fresh claim

    File again under Article 72.

New harm shortens the wait

New harm or new circumstances assessed by the court may permit an earlier claim. At least a 6-month wait is required. However, if the harm is new, it can be reported at the earliest as a fresh claim.

The UAE lawyers try to reconcile the couple, where they both get to talk and decide a way forward. An amicable approach is applied, but sometimes it does not work. In that case, the arbitrators from both sides would propose separation, under which several other aspects of marital life must be considered. The court would analyze the roles of the husband and wife. Where the wife is required to pay consideration for separation, such consideration must not exceed the dowry specified in the marriage contract.

Get Assistance from ASK THE LAW

You will come across several UAE law firms, but not everyone can win your confidence. We handle legal cases carefully, especially when sensitive cases like divorce by harm are involved. We are based in the mainland of Dubai with expertise in resolving family matters. Our Emirati lawyers are bilingual to support foreigners and local people. Whether you are a respondent or a claimant, we will assist you with our valuable legal advice.

FAQs

Yes. The UAE family laws ensure that every person has the right to live a peaceful life. Either spouse may seek divorce by harm where the applicable legal requirements are met.

You should understand the reason for the dismissal of the case. In most cases, it lacks evidence. Therefore, you should have strong evidence to prove your claim. If that did not happen, the next step depends on the reasons for dismissal and whether an appeal is appropriate. A fresh claim under Article 72 is generally subject to the judgment becoming final and six months passing from the first-instance judgment, whichever is later, unless an applicable exception arises.

Yes, under Article 8, the supervising judge may refer suitable disputes to Family Guidance where reconciliation appears feasible. Civil divorce cases under Federal Decree-Law No. 41 of 2022 are exempt from this referral.

No. The arbitrators investigate the causes of discord, attempt reconciliation, and submit their findings and recommendations to the court. They do not represent either spouse.

In most cases, people can file a case against their spouses who are living abroad. where the UAE courts have jurisdiction and the applicable notification requirements are satisfied. If the wife was abandoned in the UAE by a husband who went abroad, she can file the case in the UAE.

In most cases, people can file a case against their spouses who are living abroad. where the UAE courts have jurisdiction and the applicable notification requirements are satisfied. If the wife was abandoned in the UAE by a husband who went abroad, she can file the case in the UAE.

More in Family Law

Quick Inquiry

First Name:

Last name:

Email:*

Mobile:

How can we help you?

Talk to a Divorce Lawyer Today!

Divorce is not encouraged anywhere, but countries have divorce laws. While you are in the UAE, our lawyers ensure they take safe steps to handle your case. Contact us for an initial assessment, with your marriage certificate and available evidence of harm. Additional documents may be required.

This page explains the general legal position on divorce for harm in Dubai and is not advice on your case. Whether harm is established depends on the evidence and on the court’s assessment of the facts, and outcomes cannot be predicted from a summary of the law.