The purpose of the Family Guidance Committee is trying to reconcile the parties before separating them under Article 98 of the personal status law. Family advisers are not legally trained, but have experience in brokerage and consultancy.
For Muslims in the UAE, the divorce is on the conditions applicable to the contract of marriage between the parties. The divorce will not be brought by the husband or the wife if her husband gave her the right to do it (ism ‘) in the marriage contract. If the woman is not given the right to leave the man in the marriage contract, she can still do it for reasons of “harm”. The definition of damage is extensive and includes 7 reasons for divorce set out below
There are two ways to get a divorce :.
1. The first is to provide ‘Talaq’ (which means “I understand you” in Arabic). Husband or wife (if she has ‘ism’) have to say or write “I understand you” or “Talaq” in the presence of a witness. For Muslims, this is a religious value method of divorce, though divorce to be legally recognized it should be registered with the court, this makes the documentary evidence for a divorce to trust the courts in the future. (Article 106 of the personal status law ‘divorce is valid when … the judge confirmed it “). If there is disagreement about whether Talaq was pronounced, the witness could give evidence in court. There are financial implications partner starting the divorce provide Talaq without the consent of their spouses.
2. The second method of getting a divorce is a recommendation to the court (‘separation by the court “). The applicant will give a divorce case and the parties will be referred to the Family Guidance Committee, which is part of the court.
The purpose of the Family Guidance Committee is trying to reconcile the parties before separating them under Article 98 Personal Status Law. Family advisers are not legally trained, but have experience in brokerage and consultancy. They meet with both parties and if there can not be reconciliation, the case is referred to a judge. The judge will decide whether there is a valid reason for divorce. These include:
1. Separation due to defects
a. Defects such as insanity, leprosy, impotence and venereal disease: a party can only rely on such “bugs” as a reason for divorce if they were not aware of the defect at the time of marriage. It is possible for the court to postpone the matter for up to a year to determine whether the defect is able to be “removed” (Article 113 Personal Status Law).
b. Deceit: if there has been a serious fraud between the parties on the formation of marriage. Therefore, if one party would not enter into a marriage contract had they been aware of the fraud, they are entitled to use this as a basis for divorce (Article 114 Personal Status Law).
2. Separation outside -payment current about (‘Mokadam’)
3. Separation due to damage or disputes. Maki has the right to ask for divorce if he or she is being harmed by others, and damage makes it impossible for the parties to live together (Article 117 Personal Status Law). In this situation, the Court may teach two arbitrators to investigate the reasons for the discord between the parties and report back to the court. A finding fault of one party may have a financial impact.
4. Separation due to lack of financial support during marriage :. A woman has the right to ask for divorce if the court decides that the man has the funds to support it but have not been able to do it
5. Separation due to the absence of one person, a woman may have a right to know if a person it is gone. However, the divorce judgment will be announced before year from the date of its application for divorce without her husband returns at this time.
6. Separation because prison :. A woman’s right to know that her husband is sentenced to 3 years in prison at the time of the divorce he has been in prison for more than a year
7. Separation due to dislocation (‘Hajri’ ) :. If the person leaves the family home and not return within 4 months from the request of his wife, she has the right to divorce
The waiting period (‘Eddah’) is an important concept within the Muslim divorces. This 3-month period following the Talaq has been prominent in court. If a woman is pregnant, the waiting period does not conclude until after she has given birth. During the waiting period, a woman must be one. The purpose of the waiting period is to ensure that the woman is not pregnant, but also a period of reflection for the party to decide whether it is an opportunity for improvement. The husband provides expenditure wife during the waiting period, regardless of who initiated the divorce proceedings.
There are two types of divorce, revocable and irrevocable. The revocable divorce will allow the parties to maintain a valid marriage, until after a waiting period. After this time, if they want to settle, they must do so by entering into a new marriage contract.
The irrevocable marriage, divorce ends a marriage the way it has happened. There are two types of irrevocable divorce, the irrevocable divorce with a small ‘intent’, where the divorced woman can reconcile with her husband only with a new marriage contract and dowry, or irrevocable divorce with ‘big intent “in which divorced woman can only return to her husband after marrying another man have sex with him in the divorce speculation he wait until the end of time.