In a marriage, trust is everything. When a husband is unfaithful, the emotional pain is deep, but in the UAE, the legal implications can be just as intense. For many women, this betrayal is not just personal—it also has serious consequences. If you are facing this painful situation, it’s essential to understand your rights, the legal steps you can take, and how UAE law protects you.
Let’s talk honestly about what happens when the husband is guilty of adultery—and how a Family and Divorce Lawyer in Dubai can help you take control of your future.
Understanding Adultery Under UAE Law
Adultery is a criminal offense in the UAE. It is defined as a consensual sexual relationship between a married person and someone who is not their spouse. According to UAE family law, this act is considered both immoral and unlawful.
If a wife discovers that her husband has been unfaithful, she has the right to file a complaint against him. But be warned: proving adultery in court isn’t easy. The law requires solid evidence—this could include messages, photos, videos, eyewitness testimony, or confessions.
The Legal Setting in the UAE
The UAE follows a blend of Sharia law and codified personal status laws. Marriage, divorce, child custody, and related matters are governed by Federal Law No. 28 of 2005 (Personal Status Law) and, more recently, Law No. 5 of 2020, which brought changes for non-Muslim expatriates.
In cases involving adultery, criminal laws also come into play. Adultery isn’t just a family matter—it can be a punishable criminal offense, especially if you have evidence.
What Proof Do You Need to File a Case?
To take legal action, you’ll need clear and convincing evidence. This can include:
- Text messages or emails between your husband and the other woman
- Photos or video recordings
- Testimony from witnesses (at least two adult male witnesses or one male and two female witnesses)
- Confession from the husband or the other party
Without evidence, a claim of adultery can backfire—so before taking any legal step, consult with UAE Family Law Experts who know how to handle sensitive situations like this.
Legal Consequences for the Guilty Husband
Adultery can lead to serious legal consequences:
- Criminal charges under Article 356 of the UAE Penal Code
- Imprisonment (typically 1 year or more, depending on the case)
- Deportation, especially if the guilty party is a foreign national
- Social stigma that affects jobs, family, and visa renewals
Once convicted, it’s almost impossible to avoid long-term consequences.
Can You File for Divorce Because of Adultery?
Absolutely. Adultery is one of the strongest grounds for divorce in the UAE. As a wife, you can request a divorce if you feel the marriage cannot continue because of this betrayal.
You don’t need to suffer in silence or feel pressured to stay. The law gives you the right to protect your dignity, your children (if any), and your emotional well-being.
How a Wife Can File for Divorce Due to Adultery
If you’ve discovered that your husband is cheating, you can file for divorce by citing harm (darar) as the reason. UAE law supports women seeking divorce if the marriage becomes unbearable.
Steps include:
- Hiring a Family and Divorce Lawyer in Dubai
- Collecting evidence of adultery
- Filing a case in the Personal Status Court
- Attending reconciliation sessions (sometimes required)
Awaiting court verdict
The Role of Family and Divorce Lawyers in Dubai
This isn’t a journey to walk alone. Experienced lawyers understand the local system and help you avoid mistakes. A professional lawyer can:
- File documents accurately
- Protect your rights and dignity
- Handle negotiations for settlement
Push for custody, maintenance, and alimony
What Happens in a Divorce When the Husband Is Guilty?
If you prove that your husband committed adultery, it can affect several things in your divorce:
- Custody of Children
The UAE courts prioritize the well-being of the children. If the father is found guilty of adultery, he may lose his right to custody, especially if the court believes he is not a suitable moral example for the children.
- Financial Support (Alimony and Maintenance)
If you are financially dependent on your husband, you can claim nafaqa (financial support). His guilt does not remove his duty to support you and your children.
- Mahr and Dowry Rights
Depending on the circumstances, you may also be entitled to your mahr (bridal gift) if it was not paid at the time of marriage.
- Reputation and Penalty
Adultery is a punishable offense under UAE law. If the husband is found guilty, he could face jail time or deportation if he is an expatriate.
Common Legal Misconceptions
Let’s bust a few myths:
- You do NOT need to catch him in the act. Text messages and behavior can sometimes be enough.
- You can file for divorce without his consent.
- You have rights even if you’re an expat.
What If You Don't Want to File a Criminal Case?
Not every woman wants to pursue a criminal case—some don’t want to get into emotional distress and want to walk away from the marriage peacefully. That is entirely valid. In that case, we can guide you through a civil divorce process, which is faster and less emotionally taxing.
As a Family and Divorce Lawyer in Dubai, we remind you: This is your life, your choice. Whether you want justice, peace, or both—you deserve support every step of the way.
Don't Stay Silent. Speak With a Trusted Legal Expert!
Adultery shatters lives, but it doesn’t have to define your future. If your husband has broken the vows of marriage, you are not alone. Legal help is available, and your rights are protected under UAE law. Our team is here to guide you—without judgment, without pressure, and always with your best interest at heart.
Infidelity is painful, but it can also be a turning point. With the right legal advice and emotional support, you can rebuild your life with confidence and strength. You are worth it. If you’re going through a difficult time and need legal advice, reach out to Diana Hamade, your dedicated Family and Divorce Lawyer in Dubai.