In today’s digitally connected world, even deeply personal and life-altering decisions like divorce are sometimes communicated over messaging apps like WhatsApp. But how does the UAE legal system treat such actions, especially when a spouse lives abroad? A recent reader inquiry published by Khaleej Times has sparked renewed interest in the legal framework surrounding divorces conducted via chat or voice notes.
The Case: A WhatsApp Divorce From Abroad
A working woman from an Asian country, currently residing in the UAE, shared her situation with Khaleej Times: she received a voice note on WhatsApp from her husband pronouncing divorce due to personal differences. The husband resides in their home country, while she remains in the UAE. Her question: Is a divorce over WhatsApp valid under UAE law?
What UAE Personal Status Law Says
Under Article 53 of the UAE Personal Status Law, divorce is defined as the dissolution of the marriage contract by the will of the husband through words indicating separation. These words can be:
- Explicit, such as directly stating “divorce” or its derivatives.
- Metaphorical, where the word used might imply divorce but is open to interpretation, depending on the husband’s intent.
Moreover, Article 54(1) confirms that a divorce is recognised if pronounced by speech or in writing, by any means, including digital platforms like WhatsApp. If the husband is unable to speak or write, a comprehensible signal may also suffice.However, legal documentation of the divorce is mandatory. According to Article 58(1):“The husband shall document the divorce before the competent court within a maximum period of 15 days from the date of its occurrence, and this does not prejudice the wife’s right to file a case to prove the divorce.”This means that even if the divorce is communicated over WhatsApp, it must be formally registered in a UAE court within 15 days to be legally valid.
Can a Divorce Be Filed if One Spouse Lives Abroad?
Yes, UAE law does allow legal proceedings to be initiated even when one spouse is not residing in the country. Article 4(2) of the UAE Personal Status Law and Article 20(4) of the UAE Civil Procedure Code clarify jurisdiction rules in such cases.According to Article 4(2):“If the case is related to a request to revoke or annul a marriage contract, or to divorce or repudiation, and the case is filed by a state citizen wife or a wife who has lost the citizenship of the state, provided that she has a domicile or place of residence in the state…”Meanwhile, Article 20(4) of the Civil Procedure Code adds:“The courts shall have jurisdiction over a foreigner who has no place of residence or domicile in the State in the following case:If the legal proceeding is instituted by a wife who has a place of residence in the state against her husband who had a place of residence therein.”This legal framework ensures that UAE courts can handle cases even when the spouse being filed against is not present in the country, such as in the case of the reader whose husband is abroad.
What Happens Next? Legal Steps to Validate a WhatsApp Divorce
While the voice note may be a valid form of divorce under UAE law, further official steps must be taken to complete and formalise the process. If the couple agrees on the divorce, here is what the wife can do next:Request a notarised document from the husband confirming the WhatsApp voice note and its contents, provided this is allowed in his home country.Attest the document at the UAE embassy in the husband’s home country.Once in the UAE, have the document attested by:
- The UAE Ministry of Foreign Affairs
- Then legally translated
- Finally, attested by the UAE Ministry of Justice
These steps ensure the WhatsApp divorce is recognised and enforceable in the UAE.Additionally, Article 224 of the UAE Civil Procedure Code allows notarised foreign documents to be enforced in the UAE under certain conditions:“No order for enforcement may be made until after it has been ascertained that the conditions for the enforceability of the document or memorandum have been satisfied in accordance with the law of the country in which it was notarised or certified and that it contains nothing contrary to morals or public order in the state.”
Legal Advice Recommended
Though the process is legally permissible, the complexities around international jurisdiction, documentation, and procedural compliance can be challenging.
