Ask Gulf News: Is a husband legally required to document divorce under the UAE’s Personal Status Law?

Question: I am a Muslim woman. I would like to know whether the husband is responsible, under the new Personal Status Law, for documenting the divorce and the “take back” (revocation). Are there any penalties if he fails to do so?

Answer: Yes, the husband is required to document the divorce and may be liable to pay compensation if he fails to do so. Article 58 of Federal Decree-Law No. 41 of 2024 on the Issuance of the Personal Status Law states:

1. The husband must document the divorce before the competent court within a maximum period of 15 days from the date of its occurrence. This does not affect the wife’s right to file a case to prove the divorce.

2. If the husband fails to document the divorce within the specified period, without an excuse acceptable to the court, the wife is entitled to compensation equivalent to alimony from the date of the divorce until the date of its documentation.

Furthermore, the husband must also document the take back, as per Article 64 of the same law:

1. In the case of a revocable divorce, the husband must document the take back before the competent court within a maximum period of 15 days from the date of the take back if the divorce has already been documented. He must also inform the wife of the take back immediately upon its occurrence, even if the divorce has not been documented.

2. If the husband fails to document the take back within the specified period, and the woman is unaware of it and marries another person, the take back becomes invalid.Ask Gulf News