Abandonment in Marriage: How the UAE Law Protects Wives and Children When a Husband Walks Away

When a husband walks out on his wife and children, the immediate questions that arise are about financial responsibility, custody and legal recourse. In the UAE, recent changes to the Personal Status Law for Non-Muslims provide clarity and protection in such situations, offering both spouses the right to seek divorce and financial support under a modernised framework.

 

Legal Path to Divorce

Under Federal Decree-Law No. 41 of 2022 on Civil Personal Status, non-Muslim residents of the UAE may either apply the provisions of this law or invoke the family law of their country of origin. Article 1 of the law explicitly extends these provisions to all non-Muslim foreigners residing in the country, provided they do not request the application of their home country’s law.

 

What sets this legislation apart is the streamlined process. Unlike in earlier systems where couples were first referred to reconciliation committees, Article 3 now allows divorce cases to be heard directly by the court. This means a non-Muslim spouse can obtain a divorce decree in the very first hearing.

 

“The UAE has introduced one of the most progressive frameworks in the region for non-Muslim residents, allowing them to dissolve a marriage swiftly and without unnecessary procedural delays,” said Sunil Ambalavelil, Chairman of Kaden Borris.

 

Unilateral Divorce Without Proof of Fault

Article 7 of the law permits a unilateral divorce, meaning either spouse can end the marriage simply by declaring their intent in court, without having to prove fault, harm, or abandonment. This is particularly relevant in cases where a husband has deserted the family home.

 

“A wife who has been abandoned no longer needs to prove misconduct or desertion in order to seek separation. The law recognises individual autonomy, which is a major shift in family law for expatriates living in the UAE,” Ambalavelil explained.

 

Alimony and Child Support

Once the court grants a divorce, Article 9 provides that the ex-wife may apply for alimony, which is determined by several factors including:

 

• The length of the marriage

• The financial circumstances of both spouses

• The age of the wife

• The extent of harm or damages suffered

• Custody and child maintenance obligations

 

The court has discretionary powers to weigh these factors and decide the amount and duration of alimony. Importantly, the husband remains financially responsible for child support during the marriage and after divorce.

 

“Even if a husband leaves the matrimonial home, his legal obligation to support both his wife and children continues. In fact, the law makes it clear that child maintenance cannot be evaded, regardless of marital status,” Ambalavelil emphasised.

 

A Balanced Legal Framework

The new Personal Status Law thus creates a balanced framework where both spouses can exercise their right to divorce without lengthy disputes while ensuring financial protection for the wife and children.

 

For women who find themselves abandoned, the law ensures two immediate rights: the ability to petition for divorce quickly, and the right to claim alimony and child support through the courts.

 

“This legislation is designed to protect the dignity and financial security of women and children, while also giving both spouses the freedom to make decisions about their marital future without stigma or delay,” said Ambalavelil.

 

 

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