Infidelity is one of the grounds for divorce and in fact it remains one of the major grounds for filing for divorce. That said, however, much depends on how infidelity can be proven before the courts.
In this article we would elucidate the various types of evidences that may be used before a personal status court in the UAE in order to establish infidelity:
Criminality:
Article 356 of the Federal law number 3 of 1987 promulgating the Penal Code and its amendments (‘Penal Code’) has been replaced by the virtue of the Federal Decree-Law No. 15/2020 (‘Amendment’). Prior to the amendment the said article criminalized adultery and read as “Anyone who indulges in an indecent crime of assault with a mutual consent shall be punished by way of imprisonment for a minimum period of 1 (one) year.” Pursuant to the amendment Article 356 has been amended and criminalizes act of voluntarily sexual intercourse only when the following conditions occur:
As discussed, certain types of evidences and practices are specifically disallowed in the UAE courts when proving infidelity. This is because the UAE laws are very stringent in terms of protection of privacy of an individual or family. It should be borne in mind that certain type of witnesses are specifically not allowed to represent the interests of a person before the court, due to their relation with the said person, such as parents. It is always advisable to obtain proper legal advise and ensure that you are not breaching any local laws.
How does divorce affect children?
Divorce is not an easy process to go through as a family. However, sometimes divorce becomes a necessity for the couple, as they may have reached the crossroads in their marriage and it might be better for both of them to separate. Adults going through a divorce process have to adapt to new changes which includes taking numerous decisions relating to financial and emotional aspects.Can I Appeal Against an Arbitration Award?
Arbitration is best described as a cost-effective alternate dispute resolution process, which assists in smoother business relationships without incurring the rigidity of court proceedings. To address many of the pitfalls of the arbitration process and to bring the UAE arbitration process in tune with the best international standards, the UAE enacted Federal Law No. 6 of 2018 on ‘Arbitration’ and its amendments (“Arbitration Law”).What measures are the government taking to combat online fraud?
The increasing prevalence of online fraud schemes has been a matter of concern globally, especially since the Covid-19 pandemic. The Government of the United Arab Emirates has repeatedly issued notices to create awareness of such online scams and have issued regulations that help in effectively combatting online fraud cases.