The decision regarding claims on assets after divorce is taken by the court
Question: I am a non-Muslim woman who got married to a non-Muslim man for 5 years. Now, I want divorce. Do I have to prove the harm before the court in order to get the divorce? Do I have the right to claim half of my husband’s money in addition to part of the company shares he owns? Please advise
You do not have to prove the harm according to Article 7 of Federal Decree-Law No. 41 of 2022 on Civil Personal Status for Non-Muslims which confirms that the spouses can request for divorce and be granted if either spouse expresses in court his/her desire to separate and terminate the marriage, without any need to justify their reason, to demonstrate harm, or to put the blame on the other party.
The Law No. 41 of 2022 did not specify the right for the divorced woman to claim half of her husband’s money in addition to part of the company shares he owns but the Federal Decree Law No. 41 of 2022 provides non-Muslim residents the option to follow the laws of their home country or select alternative personal status laws in effect in the UAE over the provisions of this Decree Law.
So, if your law grants you such right of half of his money and shares, then you may request to apply your law and the acceptance of the request is subject to the discretionary power of the judge taking into consideration that you have to prove the existence of your own law, its rules and to submit this law to the court after having it ratified by the relevant departments and embassies.
The law of the UAE shall apply in case the existence of the governing foreign law cannot be established or its context cannot be delimited (according to Article 28 of the Civil Transactions Law)
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