Revocable Divorce under the UAE Personal Status Law

Sarah Abdullah

Legal Researcher at Zayed Al-Shamsi Law Firm and Legal Consultations 

Revocable divorce is a type of divorce that does not completely terminate the marital relationship but rather leaves the door open for the husband to reconcile with his wife during the waiting period (iddah) without the need for a new contract or dowry. This ensures the preservation of rights and provides an opportunity to repair the relationship before separation becomes final and irreversible. This approach is based on the principles of Islamic Sharia, which encourage patience and reflection before dismantling a family. The UAE legislator has paid special attention to organizing this type of divorce in the Personal Status Law, as it grants both spouses the opportunity to reconsider their decision and avoid the negative consequences of final divorce, in line with the principle of preserving and stabilizing the family, which is a cornerstone of UAE society.

Revocable divorce is defined in Article 60 of Federal Decree-Law No. (41) of 2024 on the Issuance of the Personal Status Law as follows:
“Every divorce in a valid marriage is considered revocable except:

1. A third (final) divorce, after which the woman becomes permanently separated (major separation).

2. Divorce before consummation or seclusion, after which the woman becomes temporarily separated (minor separation).”

Article 61 of the same decree clarifies:
“If a man divorces his wife revocably, he may reconcile with her as long as she is in the waiting period (iddah), and this right is not forfeited even if he waives it.”

Article 62 outlines the valid methods of reconciliation:

• Reconciliation is valid either by action or by clear verbal expression, spoken or written; in case of inability to do so, then through an understood gesture.

• Reconciliation must be unconditional and not suspended or deferred to the future.

Article 63 provides:

1. The wife’s claim in divorce and reconciliation cases is not accepted unless supported by evidence.

2. The wife’s statement regarding the end of the waiting period before reconciliation is accepted if the duration reasonably allows for the iddah to have ended.

It is important to note that revocable divorce requires the reconciliation to be officially documented before the competent court within a maximum period of fifteen (15) days from the date of reconciliation if the divorce was previously documented. The husband must also notify the wife of the reconciliation at the time it occurs, even if the divorce was not officially documented.

In conclusion, revocable divorce under UAE law is not merely a means of ending a marital relationship; rather, it is a system designed to provide space for contemplation and mending the relationship before the divorce becomes final and irrevocable. The legislator has been keen to establish conditions and regulations for this type of divorce in a way that serves the interests of both parties and protects the structure of the family, which is considered the foundation of society and its stability.