To begin with, it must be emphasized that the UAE Personal Status Law is derived from the noble provisions of Islamic Sharia and holds jurisdiction over related matters. Additionally, social customs are also taken into consideration.
Marriage and its contracts are based on mutual consent and acceptance between the parties involved. Each party has the right to place conditions that do not contradict the essence of the contract, customary practices, applicable laws, or the nature of time and place. It is a solemn covenant.
Unfortunately, some spouses treat this sacred bond lightly. In the event of even minor disputes, they resort to the courts, ignoring the importance of reconciliation as outlined in the Holy Quran: "And if you fear dissension between the two, send an arbitrator from his people and an arbitrator from her people. If they both desire reconciliation, Allah will cause it between them. Indeed, Allah is ever Knowing and Acquainted." [Surah An-Nisa: 35]
We can figuratively say that conflict is normal and natural, but sadly, divorce rates have increased in our society due to constant comparisons and the magnification of disagreements. Speaking fairly as a woman myself, I must admit that, in many cases, it is the woman who ignites the flame, believing that she will benefit from the divorce.
However, it must be remembered that the law is just and fair, and the courts prioritize the best interests of those most in need of care—especially children. It is incorrect to claim that the law favors women or men exclusively. The judiciary is impartial.
Even in cases of divorce or separation, the court assesses the financial capacity of the husband and compares it with the lifestyle and needs of the wife or ex-wife, particularly considering if she was accustomed to a certain level of service or care.
The UAE Personal Status Law No. 29/2020 was enacted to protect both husbands and wives equally. It is a false assumption that the law exists only to support women. That notion is baseless.
I recall a case in which I represented the husband. Through effective pleading, documentation, and evidence—especially considering the children were under the age of eight—it was proven that the ex-wife had married a foreign national who was unemployed and had more children with him. Meanwhile, my client continued to financially support everyone. Based on these facts, we requested the revocation of custody and the related financial obligations. Thankfully, we succeeded in winning the case. This is just one example among many where the husband was granted justice.
Generalizing that the law always supports women is an exaggeration and a misunderstanding. Each case has its own circumstances and details. Indeed, there are appellate court rulings that favored women in divorce situations, just as there are decisions that removed custody from mothers in favor of fathers. Every matter depends on its specific context.
It is worth noting that Article 146 of the aforementioned law regulates the transfer of custody in the event of divorce—sometimes to the father, sometimes to the mother. Based on custody arrangements, the related allowances and expenses are also decided. The court maintains discretionary power that suits the specific situation, time, and place.