Divorce Due to Defect in UAE Law: When Can a Marriage Be Annulled?

Introduction to Divorce Due to Defect in UAE Law

In previous articles, we discussed the various types of divorce and outlined the different reasons that may entitle either spouse to seek separation. Beginning with this article, we will provide a detailed explanation of those grounds recognized by law as valid reasons for requesting the dissolution of marriage, subject to specific conditions discussed below.

The Concept of Divorce Due to Defect and Grounds for Marriage Annulment

One of the primary objectives of marriage is to regulate and fulfill sexual instincts in a lawful manner, allowing both spouses to enjoy companionship and achieve tranquility, affection, and mercy while building a stable family. UAE law defines marriage as a contract that permits lawful enjoyment between spouses, with the purpose of safeguarding morality and establishing a stable family under the care of the husband, based on principles of affection and compassion.

The law permits either spouse to seek annulment of the marriage contract if the other spouse suffers from a defect, whether that defect existed before or after the marriage contract. This applies whether the defect is repulsive, harmful, or prevents marital intimacy.

Defects Preventing Marital Intimacy and Their Impact on Divorce Due to Defect

The law provides examples of such defects, including insanity, leprosy, and vitiligo, as well as conditions that prevent marital relations. Examples include impotence, which is a condition affecting a man’s ability to engage in sexual intercourse; erectile dysfunction resulting from a physical condition; and certain physical abnormalities that prevent sexual relations between spouses.

When Does the Right to Seek Divorce Due to Defect Lapse?

Although the Personal Status Law provides that a spouse’s right to seek annulment is waived if they were aware of the defect before marriage and expressly or implicitly accepted it, the law makes an exception regarding defects that prevent sexual relations in the husband. In such cases, the wife may seek annulment regardless of whether she knew about and accepted the defect before marriage, and even if the defect developed after the marriage was consummated.

The Role of Medical Expertise in Divorce Due to Defect Cases

In the interest of fairness, the law requires the court to verify that the defects referred to above are incurable before ordering the annulment of the marriage. The determining factor in assessing whether a defect can be cured is the opinion of qualified medical experts.

Accordingly, the court may appoint medical experts to prepare a detailed medical report describing the condition, diagnosing it, and determining whether treatment is possible or medically impossible. This assists the court in reaching a fair and accurate decision.

Conditions for Annulment of Marriage Due to a Defect

If the court is satisfied that the defect is incurable, it must order the annulment of the marriage without delay. However, if the defect is treatable, the court may postpone the proceedings for a period not exceeding one year. If treatment is not successful and the requesting spouse insists on annulment, the court shall dissolve the marriage.

The Difference Between Divorce Due to Defect and Marriage Annulment

The legislator considered separation based on defects to be an annulment rather than a divorce. Therefore, it does not reduce the number of divorce pronouncements available between the spouses, nor does it produce the same financial consequences as divorce. Instead, it results in the legal effects associated with annulment, including restoring the parties to their legal status prior to marriage.

Confidentiality of Hearings in Divorce Due to Defect Cases in UAE Law

It is important to note that, due to the sensitive nature of cases involving marital defects, the Personal Status Law requires the court to hear annulment cases related to sexual defects in private sessions, as an exception to the general principle of public hearings.

This approach is justified because resolving such disputes often requires discussing highly sensitive and personal details. Maintaining confidentiality protects the privacy and dignity of the parties and prevents unnecessary public exposure of intimate matters.

Conclusion

To be continued, God willing.