In a first, RAK court grants divorce to non-Muslim couple
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Ras Al Khaimah: A non-Muslim couple in Ras Al Khaimah was granted divorce by the local court based on the husband’s petition, supported by a signed settlement agreement and evidence of marital breakdown.
The Ras Al Khaimah Court of First Instance (Personal Status) granted divorce to the couple based on the Federal Law No. 41 of 2022.
The husband initiated the petition, presenting a divorce settlement agreement which was signed by both parties. It was accompanied by a marriage certificate issued by an African nation as well as evidence of the collapse of their marital relations.
Divorce granted
According to court records, the couple got married 8-½ years ago, as shown by a marriage certificate issued by the Internal Affairs Department in their country. The couple has a 4-year-old son.
The RAK court, in accordance with Article 7 of Law No. 41 of 2022, allowed the divorce without the need for justification or blame on either party.
The petitioner (husband) appeared remotely, confirming the mutual agreement for divorce, while the wife did not attend the sessions, leading to the court’s decision during the second session.
This case is one of the first to be decided under the new law in the courts of Ras Al Khaimah, said lawyer Salem Al Kait, the husband’s representative.
The divorce was granted in accordance with Article 1 of Law No. 41 of 2022, which applies to non-Muslims in the country, unless one party chooses to apply their own law in matters of marriage, divorce, inheritance, wills, and proof of lineage.
The new Federal Personal Status Law (Federal Law No. 41 of 2022), which took effect on February 1, 2023, governs key family matters such as marriage, child custody, divorce and inheritance.
It seeks to promote equality between men and women, address the issue of joint custody, and expedite divorce procedures for non-Muslim expatriates in the UAE, according to top lawyers in the country.
Precedent
Additionally, Article 7 of the same decree allows for the request of a divorce without the need to justify the request or place blame on the other party.
This case sets a precedent as one of the earliest instances to be decided under the new law in the courts of Ras Al Khaimah, marking a significant development in the legal landscape.
Lawyer Salem Al Kait, the husband’s counsel in the divorce case said that this case is one of the first to be decided in the courts of Ras Al Khaimah under the new civil law.
The lawyer said the case demonstrates the need to navigate the legal implications of the new law while advocating for the interests of clients.
