Can a divorced woman remarry before final judgment in UAE?

Question: I am a Muslim woman. Four months ago, the court ruled in my favour, granting me a divorce and custody of my children – a 3-year-old girl and a 4-year-old boy. Currently, someone has proposed to me. Do I have the right to remarry now, knowing that my ex-husband has appealed the ruling? If I do remarry, does he have the right to challenge or revoke my custody?

Answer: You cannot remarry until the judgment becomes final, which means after a ruling is issued by the Court of Cassation and your ‘Idda’ (waiting period) has been completed. The waiting period for a non-pregnant divorcée is three menstrual cycles for menstruating women, or three lunar months for post-menopausal women.

According to Article 83 of Federal Decree Law No. 41 of 2024 on the Issuance of the Personal Status Law, the waiting period for divorce begins from the date on which the judgment becomes final in cases of separation by judicial ruling – whether divorce, revocation, or annulment of the marriage contract – or from the date on which it is proven before the court by evidence or admission. Divorce is attributed to the date of admission unless an earlier date is proven before the court.

In all such cases, a woman may not remarry until the waiting period has ended.

As for custody, it is subject to the court’s discretion and is determined based on the best interests of the children. Article 113 of the same law stipulates that if the custodian is a woman, she must not be married to a man who is unrelated to the child in custody, unless the best interest of the child requires otherwise, as determined by the court.