Filing for divorce

We would like to inform you that according to the UAE Personal Status Law, which regulates the personal status and regarding to the provisions of marriage and divorce, if you want to divorce, there must be legal reasons for divorce as you are injured by the husband and it’s impossible to continue the marital life in order not to lose your right, as the dowry's companion and alimony. Therefore, there must be available the elements of damage to the possibility of filing a case for divorce, with retaining the legal rights to you so that you are not lost them and here are the legal texts that are explained to the situation of several cases of the injury to the wife.
Article 117
1 - Each of the spouses request for divorce for the damage that is impossible with the duration of the ten well-known between them and does not drop the right of either of them, unless proven reconciliation.
2. The Family Guidance Committee shall, in accordance with article (16) of this law, undertake the reform of the spouses.
Article (118)
1. In case the prejudice is not established, the discordance is still continuing between the spouses and the Family Orientation Committee as well as the judge were not successful in reconciling them, the judge shall issue a judgment appointing two arbitrators from among their parents, if possible, after asking each of the spouses to nominate, in the next hearing at most, his arbitrator from among his parents, if possible, otherwise from those who have the experience and ability to reconcile. Should one of the spouses procrastinate in nominating his arbitrator or abstain from attending this hearing, the judgment shall not be subject to any appeal.
2. The judgment appointing the two arbitrators must include the starting and closing dates of their assignment provided it does not exceed ninety days extendable by a decision of the court. The court shall notify the two arbitrators and the parties to the litigation of the judgment appointing the arbitrators and shall ask each of them to take the oath that he will perform his assignment with equity and probity.
Article (119)
The two arbitrators have to find out the reasons of discordance and deploy efforts to reconcile between the spouses. Abstention from any of the spouses to attend the arbitration sitting, whenever notified of the date fixed for it, or the next sittings if set at different intervals, shall not affect the progress of the arbitrators work.
Article (120)
In case the arbitrators fail to reconcile the spouses:
1) Should the offence be entirely from the husband’s part and the wife, or both parties are claiming separation, the arbitrators shall decide a non-retractable divorce without prejudice to the rights of the wife resulting from marriage and divorce.
2) In case the offence is entirely from the wife’s part, the arbitrators shall decide divorce for a consideration deemed adequate by them and payable by the wife.
3) Where both parties participated in the offence, the arbitrators shall decide separation without consideration or with one in proportion to each one’s share in the offence.
4) If the case is not clear as to who is the offender among them and if the husband is the claimant, the arbitrators shall recommend dismissal of his case; but if the wife or both of them are claiming separation, the arbitrators shall decide separation between them without consideration.
Article (121)
1. The arbitrators shall submit to the judge their reasoned decision that shall include the extent to which each of the spouses offended the other.
2. The judge shall render his judgment in accordance with the decision reached by the arbitrators if they agreed, otherwise, he shall appoint others or join to them a third as the umpire. The court shall ask the arbitrator or the umpire to take an oath that he will perform his duties with equity and probity.
3. The judge shall amend the judgment of the arbitrators in contravention of the provisions of this law.
Article (122)
In the case of divorce due to prejudice, the prejudice shall be established by the legal means of proof and by the court judgments rendered against one of the spouses.
The hearsay testimony is accepted if the witness explained, or it was understood from his statement that the prejudice is widespread in the spouses’ life environment as decided by the court.
A hearsay testimony to negate the prejudice is not accepted.
The testimony of a male or female witness, except the testimony of an ascendant against a descendant or vice-versa, shall be accepted if the witness fulfils the conditions set forth by law for testimonial evidence
Article (123)
Where the wife asks for divorce, before consummation of marriage or legal privacy, and she deposited the amount received as dowry, the gifts obtained and the amount spent by the husband because of marriage, but the husband abstained from doing so and in case the judge did not succeed in reconciling them, he shall order separation against consideration (Khul’)
As for the procedure of divorce, Article (16) stipulates that:
1. The lawsuit concerning personal status matters shall not be admitted before the court unless it has previously been submitted to the Family Orientation Committee. Are excepted from this provision, matters concerning wills, inheritance and like matters, summary and provisional lawsuits concerning alimony, fostering, guardianship as well as cases that cannot be settled by conciliation such as evidence of marriage or divorce.
2. Where conciliation between the parties takes place before the Family Orientation Committee, it shall be recorded in a minutes signed by the parties and the competent member of the Committee. The minutes shall be sanctioned by the competent judge, enforced as an executory deed and shall not be subject to any means of appeal except if it is in violation to the provisions of this Law.
3. The Minister of Justice, Islamic Affairs and Wakfs shall issue the implementing regulation organizing the work of the Family Orientation Committee.
If one of the parties demands the divorce, the consultant shall submit a letter to allow that party to file a case of divorce at the court.
The letter may be submitted to the court at any time within 30 months. The procedures of divorce are based on the estimate authority of the court as each part shall provide the evidences to defend.

But if the divorce is according to the Palestinian Personal Status Law, then the procedures are carried out in accordance with the law and before the Sharia court. Here, the wife can file a divorce case for damages, in the event that his justifications are available to preserve her full legal rights from the back of the dowry, maintenance, entertainment, and child custody (Article 97) except in the case of them.
If the wife alleges that the husband has harmed her in such a way that it is not possible for her to continue the relationship between her likes, she may ask the judge to separate, and then the judge will release her with an irrevocable divorce if the harm is proven and he is unable to reconcile between them. If the request was rejected, then the complaint was repeated and the damage was not proven, the judge sent two judgments and ruled in the manner indicated in Articles (98, 99, 100, 101, 102).
Article (98)
It is stipulated in the two judgments that they be just men from the family of the spouses, if possible, otherwise it is from others who have experience in their case and the ability to reconcile between them.
Article (99)
The two arbitrators must know the causes of discord between the spouses and make every effort to reconcile, if possible, according to the method of their decision.
Article (100)
If the two judges are unable to reconcile and the abuse is from the husband or them or ignorance of the situation, they decide to separate with an irrevocable divorce, and if the abuse is from the wife, they decide to violate her for the entire dowry or part of it.
Article (101)
If the two judgments differ, the judge orders them to repeat the investigation.
Article (102)
The two judgments must submit to the judge what they decide, and the judge must rule accordingly if it is in accordance with the legal principles.