Ask Gulf News: Can a non-muslim spouse file for divorce without the other party's consent in the UAE?

Question: A non-Muslim man wants to get a divorce. What procedures should be followed? Is it necessary to give reasons for the divorce or to present the case before Family Guidance Committees?

Answer: According to Article 3 of Federal Decree-Law No. (41) of 2022 on Civil Personal Status, divorce proceedings filed in accordance with the provisions of this Decree-Law are excluded from being referred to Family Guidance Committees and shall instead be presented directly to the court for a judgment to be rendered at the first hearing.

In order for the court to pronounce a judgment of divorce, it is sufficient for either spouse to express their wish to separate and not continue the conjugal relationship, without having to justify that desire, specify aspects of harm, or place blame on the other party.

According to Article 8 of the same law, either spouse may request a divorce without the need to prove harm, in accordance with the prescribed form, and the divorce shall take place by virtue of a court decision after the other party has been duly notified.