UAE: Woman Seeks Divorce After Husband’s Secret Second Marriage

The UAE Personal Status Law provides clear guidance on the rights of spouses in divorce cases, focusing on the concept of harm or prejudice as grounds for separation.

Case Overview

A Muslim woman is seeking a divorce after discovering that her husband secretly entered into a second marriage a year ago. Upon learning about this, she left the marital home and has now initiated legal proceedings, citing harm and prejudice.

Legal Analysis

While UAE law does not explicitly list a husband’s second marriage as grounds for divorce, Article 117 of the Personal Status Law allows a wife to request divorce if the husband’s actions result in intentional harm, whether through words or deeds. Harm can include insults, physical abuse, or abandonment.

The court independently evaluates the evidence of harm, which can include witness testimonies or other forms of legitimate proof. Even a single instance of harm may be sufficient for the court to rule in favor of divorce.

Husband’s Rights

The husband has the legal right to reject the divorce claim and may request the court to mandate the wife’s return to the marital home by filing a marital obedience lawsuit. However, the final decision rests with the court, which will assess the evidence and determine whether the wife’s claims of harm are justified.

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