Divorce is a significant and often complex matter, especially when it involves claims of harm. In the UAE, the law provides a framework for spouses to seek divorce based on harmful behavior. This blog post will explore the conditions, procedures, and implications of filing for divorce due to harm, helping you navigate this challenging situation.
Conditions for Divorce for Harm Under UAE Law
Divorce based on harm is permissible, but specific conditions must be met. The court will examine the following key requirements:- 1.Seriousness of Harm: The harm must be significant enough to make the continuation of the marriage impossible.
- 2.Verbal or Physical Abuse:There must be evidence of harm inflicted through words or actions.
- 3.Severe Harm:The harm can be either material or moral and must be of a grave nature.
- 3.Repeated Minor Harm:If the harm is minor, it must occur frequently and continuously.
Common Reasons for Seeking Divorce for Harm
Several circumstances commonly lead individuals to file for divorce based on harm, including:- Physical Abuse: Instances of one spouse physically abusing the other.
- Abandonment:One spouse leaving the other for more than six months.
- Extended Absence:A spouse being away or traveling for over a year.
- Failure to Provide Support: Lack of financial support from one spouse.
- Medical Issues:Health-related concerns that impact the marriage.
Procedures for Filing a Divorce for Harm
If you believe you have grounds for divorce due to harm, follow these steps:- 1.Filing the Case:Submit your application to the Family Guidance Department in the emirate where you reside.
- 2.Mediation Attempt: The Family Guidance Committee will mediate between both parties, aiming to understand the reasons for the discord and facilitate discussions.
- 3.Court Referral: If mediation fails, your case will be forwarded to the court.
- 4.Court Ruling: The court will then make a decision regarding the divorce.
Typically, cases referred from family guidance to the court may take between six months to a year to resolve. However, if there are no disputes, the divorce can often be finalized within one to three months.
Reasons for Rejecting a Divorce for Harm Case
The Federal Law No. 8 of 2019 has introduced stricter standards for proving harm. If harm cannot be substantiated, the court may dismiss the case. Some reasons for rejection include:- 1.Absence of Witnesses: Lack of supporting testimonies.
- 2.Insufficient Evidence:Inability to prove the alleged harm.
- 3.Failure to Attend Hearings: If the plaintiff does not attend divorce proceedings.
- 4.Weak Claims:Assertions that do not demonstrate actual harm.
How to Prove Harm
Proving harm in a divorce case can involve various forms of evidence, including:- Witness Testimonies:Statements from individuals who can attest to the harm.
- Medical Reports: Documentation of any physical injuries.
- Written Evidence:Emails, messages, or correspondence that support your claim.
- Digital Evidence: Screenshots or recordings that demonstrate harmful behavior.
It's important to note that hearsay evidence is not admissible in court.
Can the Husband File for Divorce for Harm?
Yes, UAE law allows both spouses the right to seek divorce for harm. This right remains in place until reconciliation is attempted and proven.Conclusion
Navigating a divorce based on harm can be challenging, but understanding the legal framework is essential. If you’re considering this path, it’s crucial to gather evidence and seek professional guidance. At Omam Legal Consultancy, we’re here to help you understand your rights and provide support throughout the divorce process. Don’t hesitate to reach out for assistance tailored to your situation.
