Muslim Divorce in the UAE: Prejudice and Its Effects on Alimony and Child Custody

For Muslim women in the UAE seeking a divorce, it is important to understand the distinction between divorce due to prejudice and divorce without prejudice.

This differentiation significantly affects the alimony awarded to the wife, though it does not impact child alimony or child custody arrangements.

Two significant types of divorce are "divorce due to prejudice" and "divorce without prejudice." Here's a look at the distinctions between the two:

Divorce Due to Prejudice

Divorce due to prejudice (also known as fault-based divorce) occurs when one spouse files for divorce citing specific wrongful conduct by the other spouse. This conduct must be proven in court and should be serious enough to warrant the dissolution of the marriage.   

Divorce Without Prejudice

Divorce without prejudice (also known as no-fault divorce) allows couples to dissolve their marriage without assigning blame or proving wrongful conduct. This type of divorce is based on the notion of "irreconcilable differences" or the mutual consent of both parties to end the marriage.

Alimony Considerations

The UAE's Federal Law No. 28 on Personal Status, specifically Article 140, outlines the considerations for compensation alimony (Motaa’).

If a husband unilaterally divorces his wife from a valid consummated marriage without her request, she is entitled to compensation beyond the alimony paid during the waiting period.

The financial status of the husband determines this compensation, which must not exceed a one-year alimony payment for those in similar conditions.

The judge may order the compensation to be paid in installments, depending on the husband's financial situation.
In assessing the compensation amount, the prejudice sustained by the wife is considered.

The law emphasises the need to consider the debtor's possibilities, the beneficiary's circumstances and the prevailing economic conditions, ensuring the alimony amount does not fall below a sufficient level for the wife or child.

Proving Prejudice

Article 122 of the Personal Status Law details establishing prejudice in a divorce case. Prejudice must be proven through legal means such as testimony, documents, oaths and court judgments against one of the spouses.

Hearsay testimony is accepted if the witness explains or it is understood that the prejudice is widespread in the spouses' environment, as decided by the court. However, hearsay testimony to negate prejudice is not accepted.

Both male and female witnesses' testimonies are accepted, except for the testimony of an ascendant against a descendant or vice versa. The witness must fulfill the legal conditions for testimonial evidence.

Understanding the nuances of divorce due to prejudice versus divorce without prejudice is crucial for Muslim women in the UAE.

This distinction directly impacts the alimony awarded to the wife, while child alimony and custody remain unaffected.
By knowing the legal requirements and processes for proving prejudice, individuals can better navigate the complexities of divorce proceedings in the UAE.

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