ARTICLE
30 May 2017

UAE Family Matters Q&As: Does Saying 'I Divorce You' Count If I Said It While Drunk?

AM
Dr Hassan Elhais

Contributor

Dr. Elhais, with his vast legal expertise spanning family, arbitration, banking, commercial, company, criminal, inheritance, labour, and maritime law, is dedicated to providing top-tier legal solutions. As an integral member of the team at Awatif Mohammad Shoqi Advocates & Legal Consultancy in Dubai, he contributes to the firm's mission of delivering comprehensive legal counsel across the UAE. The team, as a whole, is committed to maintaining the highest levels of integrity, confidentiality, and discretion. Initially making his mark in criminal and public law, Dr. Hassan made the decision to move to Dubai in 2006, marking a significant step in his legal career. Since joining Awatif Mohammad Shoqi Advocates & Legal Consultancy, he has been an active contributor to the firm's growth and reputation. Dr. Hassan is known for his dedication to transparency in legal dealings and fee structures, a reflection of his solid ethical values.
I am a Muslim woman from Asia who was married to a fellow Muslim from the West. We divorced amicably but now we want to remarry. Is this possible in the UAE?
United Arab Emirates Family and Matrimonial

Question: I am a Muslim woman from Asia who was married to a fellow Muslim from the West. We divorced amicably but now we want to remarry. Is this possible in the UAE?

Answer: The answer is yes. If it is your first or second divorce from the same husband, you have the right to marry him again with a new marriage contract and with new Dowry, in accordance with article 104 and 108 of Law 28 of 2005, otherwise known as the Personal Status Law and its amendments.

Question: I was drunk one night and fighting with my wife when I told her "I divorce you". I'm a Muslim man from Asia and I wanted to know if this divorce is valid? Could I perhaps claim in court that when I said the word divorce, I was drunk and not conscious of what I was saying?

Answer: Even if you were drunk, your divorce would still be valid, as per Article 101 of Law 28 of 2005 and its amendments. It is important to note that in accordance with Article 62 of UAE Civil Procedure Law, the prosecution has the right to press charges against you for illegal consumption of alcohol, if you claim that you were under the influence of alcohol.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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