It is not considered harmful from a legal point of view

A woman in her twenties is asking for a divorce from her fiftieth because of the age difference

• The parents agreed to the husband because of their financial circumstances.

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• Dr. Youssef Al-Sharif: “The questioner has the right to ask for a divorce on the grounds of harm, and no one will object to her, but she must prove the nature of the harm.”

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An Arab woman, 24 years old, asked for a divorce from her fiftieth husband, of her nationality, shortly after their marriage, as she discovered that he had married her to take care of his health, wondering if she could ask for a divorce because of the age difference between them?

In turn, Qanooni confirmed that this is not a reason for divorce, because she was aware of her husband's age before the marriage contract, and she must search for other reasons for divorce due to the harm.

This came within a legal awareness episode, presented by Legal Counsel, Dr. Youssef Al Sharif, through the pages of "Emirates Today", to shed light on the Personal Status Law and the new legal articles in it.

In detail, the questioner said that "she grew up in a poor family, was able to finish her university studies, and proposed marriage to her, a person of her nationality who is 32 years older than her, as he is 56 years old, and her family agreed to him because of their financial conditions, while the suitor works in the Emirates, and his situation." The materialistic is good, and he separated from his first wife, and is looking for another wife, and indeed, she married him at the age of 21.”

She added that she "felt since the first year of marriage that he married her to be his nurse, not as a wife, and she came with him to the state, and got a job opportunity, and she is currently thinking about divorce because of the psychological and emotional problems she is going through with him, because of the age difference, believing that she She deserves someone who suits her age, wondering if the law grants her a divorce from him because of the age difference, and at the same time forbids marriage if there is an age gap between the spouses?

For his part, the legal advisor, Dr. Youssef Al-Sharif, expressed his astonishment at the questioner’s boldness in her reason for divorce, especially since she did not indicate, from near or far, about the bad behavior of her husband, but he was kind to her and lifted her out of the poverty she was living with her family. And if poverty is never a defect, but he honored her and brought her with him to the state, and allowed her to work, and instead of returning the favor to him, she began to think of a new marriage project with a young man that suits her age.

From a legal point of view, Al-Sharif emphasized that the questioner has the right to request a divorce for the sake of harm, and no one would object to her, but she must prove the type of harm inflicted on her. As for the issue of the age difference, it is before the conclusion of the marriage contract and not after it, and this is what is stipulated in Article (21/2). ) of the UAE Personal Status Law by saying: “If the fiancés are of disproportionate age, if the age of the fiancé is twice the age of the fiancée or more, then the marriage shall not be concluded, except with the consent and knowledge of the two suitors, and after the judge’s permission, and the judge may authorize it, unless there is an interest in This marriage.

And he continued: “Since the questioner and her family knew the age of the suitor, before the contract was concluded, the procedures were correct, so if she wants to separate, she must request a divorce for the harm, not for the age difference, and it is better that you separate, because your life with your husband is an injustice to him, and she has to return What he did for her, because she is the one who breached the contract.”

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