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In a world where smartphones have become the lifeline of long-distance relationships, they have also become the unexpected tools for separation. Recent Khaleej Times inquiry has reignited attention on whether a WhatsApp divorce is legally valid under UAE law, particularly when one of the spouses resides overseas. An Asian working woman living in the UAE, from one of the Asian nations, received a WhatsApp voice message from her husband recently, stating divorce based on personal grounds. The husband is still in their home country, whereas she still resides in the UAE. Now the question arises whether it is legally valid to grant a WhatsApp divorce in the UAE or not.

What UAE Personal Status Law Tells Us About Digital Divorce

Article 53 of the UAE Personal Status Law states that a divorce is a dissolution of the marriage contract made by the husband through words which are expressively clear of separation. This is express, such as expressing it in words like saying "divorce" verbally, or metaphorical, if intention is apparent. Most importantly, Article 54(1) assures that a divorce may be declared orally or in writing, including digitally via WhatsApp, SMS, or email. But sending a message is not sufficient. Article 58(1) requires the husband to report the divorce to a UAE court within 15 days of the announcement. In case this is not done, the wife still has the right to file a case in order to establish the divorce.

Moreover, UAE law permits legal action to be taken even when the other spouse is abroad. Article 4(2) of the Personal Status Law and Article 20(4) of the Civil Procedure Code explain that UAE courts can exercise jurisdiction when the wife is present in the UAE, regardless of where the husband lives.

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How To Legally Validate a WhatsApp Divorce in the UAE?

Legal professionals recommend that the couple go the extra mile to make sure a WhatsApp divorce is legally recognized. Here's what normally follows:

1. Notarise the Voice Note: The husband must submit a notarised document stating that he issued the divorce message, if permissible under his home country's law.
2. Attestation: The document has to be attested by the UAE Embassy in the husband's country.
3. Verification in UAE: After reaching the UAE, the document has to be attested by the UAE Ministry of Foreign Affairs, legally translated, and attested once more by the UAE Ministry of Justice. This process makes sure the digital divorce complies with all regulations and can be implemented by UAE courts.

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Article 224 of the UAE Civil Procedure Code provides for the enforcement of foreign notarised documents, provided they are in accordance with the laws of the state of issuance and do not contravene UAE morals or public order. Although a WhatsApp divorce might seem easy, but there are high chances of delays or cancellations of digital divorces . International jurisdiction intricacies, appropriate documentation, and court filing can easily result in delays or disputes unless done properly.