Can you divorce on WhatsApp? UAE law explained on digital divorce. world News
In today’s digitally connected world, even deep personal and life-trans-decisions such as divorce are communicated on messaging apps such as WhatsApp. But how does the UAE legal system treat such tasks, especially when a spouse lives abroad? A recent reader inquiries published by the Khaleej Times have created renewed interest in the legal structure around the divorce organized through chat or voice notes.
Case: A WhatsApp divorce from abroad
A working woman from a Asian country currently living in UAE shared her position with the Khaleej Times: she received a voice note on WhatsApp from her husband, who was chanting divorce due to personal differences. The husband lives in his country, while he lives in the United Arab Emirates. His question: Is there a divorce on WhatsApp under the UAE law?
What UAE Personal Status Law They say
Under the UAE Personal Status Article 53 of the law, divorce is defined as the disintegration of the marriage contract from the husband’s will through the words indicating the separation of divorce. These words can be:
- Clear, such as explaining “divorce” or its derivatives directly.
- The metaphor, where the term used may mean divorce, but is open to interpretation, depending on the husband’s intentions.
In addition, Article 54 (1) confirms that a divorce is identified if in speech or in writing, in any way, including digital platforms such as WhatsApp. If the husband is unable to speak or write, a sensible signal may also be sufficient.However, the legal document of divorce is mandatory. According to Article 58 (1):“The husband will document divorce before the competent court within a maximum period of 15 days from the date of his incident, and it does not bias the wife’s right to register a case to prove divorce.”This means that even though divorce is informed on WhatsApp, it should be formally registered in the UAE court to be legally valid within 15 days.
Can a spouse be filled with divorce if he stays abroad?
Yes, the UAE law allows legal proceedings to be started even when a spouse is not living in the country. The UAE of the UAE Civil Procedure Code, the Personal Status Act and Article 4 (2) of Article 20 (2) clarify the jurisdiction rules in such cases.According to Article 4 (2):“If the case is related to cancellation or cancellation of a marriage contract or a request to cancel or divorce or counter -counter, the case is filed by a state civil wife or a wife, who has lost citizenship of the state, provided that it is an dominance or habitat in the state …”Meanwhile, Article 20 (4) of the Code of Civil Procedure adds:“The courts will have the jurisdiction over a foreign, which has no place for residence or dominance in the state in the following case:If the legal proceedings are established by a wife, who has a residence in the state against her husband, who had a residence. ,This legal framework ensures that the UAE courts can handle cases even when filed against the spouse, not present in the country, such as a reader’s case whose husbands are abroad.
what happens next? Legal step to validate WhatsApp divorce
While the voice note can be a valid form of divorce under the UAE law, further official steps should be taken to complete the process and formalize the process. If the couple agree on divorce, what can the wife do next here:Request a notaryized document from the WhatsApp voice note and the husband confirming its content, provided it is allowed in their country.Keeping in mind the document at the UAE Embassy in the husband’s home country.Once in the UAE, it is verified by the document:
- UAE Ministry
- Then legally translated
- Finally, verified by the United Arab Emirates Ministry
These steps ensure that WhatsApp divorce is recognized and applied in the UAE.Additionally, Article 224 of the UAE Civil Procedure Code allows not to be notaryized foreign documents to be applied in the UAE under certain conditions:“No order for enforcement cannot be made until it is known that the conditions for the entry of the document or memorandum have been satisfied according to the law of the country in which it was notary or certified and has nothing contrary to morality or public order in the state.”
Recommended legal advice
Although this process is legally acceptable, complications around international jurisdiction, documentation and procedural compliance can be challenging.
