As we progress towards 2020, UAE government has issued some significant
amendments in UAE Family law, especially towards divorce and custody
cases by virtue of Federal Law Number 8 of 2019 amending Federal Law
number 28 of 2005 concerning the Personal Status Law in UAE (the new
Law).
The new Law has come up with serious amendments in the Personal Status
Law which shall be noted critically by readers facing such family
issues:
- It is significant to note that under Article 118(1) of the new
law, if the wife filing for divorce under grounds of adultery fails
to prove such accusations, the arbitrator (appointed by the court to
settle the matter) can right away dismiss the case and there shall
be no chance for filing an appeal on such decision or to appoint
another arbitrator.
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- The arbitrator appointed by the court under Article 118(2) of
the new Law is under an obligation to issue an order within 90 days
from the date of appointment. However, if he fails to reconcile,
they must recommend a settlement proposal to the court, and a copy
should be provided to both the parties.
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- Nevertheless, according to Article 120 of the new law, if the
parties fail to reconcile even then, the possible scenarios can be
considered as follows:
A. if it is proven to be the husbands fault, the wife can seek
divorce and other financial rights;
B. if it is proven to be the wifes fault, it can be dealt with in
the following two ways:
i. either she will be given divorce upon paying a certain amount of
compensation;
ii. Or unless husband request to maintain the marriage, the court,
subject to the courts discretion to preserving the marriage, can
reject the divorce.
- If the arbitrator is unable to reconcile or if it is the joint
mistake of both the parties, the arbitrator can order either party
to pay compensation on pro-rata basis to the other one who is less
guilty or get the divorce without any compensation. This is in
accordance with Article 120(4) of the new Law.
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- In accordance with Article 120 (5) of the new law, if the
parties cannot reconcile and the reason behind filing for divorce is
unknown or cannot be located, there can be two options:
A. If the husband is the applicant for divorce, the arbitrators can
recommend dismissing the case;
B. Whereas, if the case has been registered by the wife, the
arbitrator will choose whether to issue an order for divorce with a
lump sum amount or to dismiss the case in the interest of preserving
the family.
The new Law further describes circumstances under which the wife can
be considered guilty pursuant to Article 71 of the new Law mentioned
as follows:
i. if the wife leaves the marital home or refuse to return to the
family home or if she refuses to travel with the husband without any
valid reasons, however, it cannot be considered as a breach of
liability if she has left the house for necessary work or customary
reasons;
ii. if she has an arrest warrant in any other case;
iii. If she restricts her husband to enter the marital residence.
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