What are the types of divorce – What are the effects of divorce the custodian ? Divorce is two types: revocable and irrevocable The irrevocable divorce is
What are the types of divorce ? What are the effects of divorce ?
Divorce is two types: revocable and irrevocable
The irrevocable divorce is minor or major.
The Revocable Divorce:
Article 104 states that:
“The revocable divorce does not end the marriage contract unless after the expiry of the waiting period “Idda”.
This means that the husband can still return his wife to his bond. This type of divorce does not terminate the marriage contract and divorce remains revocable if the husband returns his wife again whether by word or act but in the event of the waiting period “Idda” expiry and the husband does not return her to his bond, this means that divorce has become a minor irrevocable divorce.
The revocable divorce is one time, this means that in case of two more times, the marital relationship is terminated permanently.
The Minor Irrevocable Divorce
This type of divorce happens when the husband divorces his wife once or twice, not three times, and he does not return his wife during the waiting time (Idda).
It should be noted that if the husband utters the word of divorce three times, or even says to his wife “you are divorced the three times”, and this occurs in the same time and place, it shall be counted as one divorce only.
In the minor irrevocable divorce provisions, the husband can return his divorced wife with new marriage contract and dowry but there is no need to marry another man, in addition to stipulating the wife agreement.
Article 104 in the minor irrevocable divorce provisions states that:
The divorcee may not return to the man who divorced her except after a new contract of marriage and a new dowry.
The Major Irrevocable Divorce
This type of divorce removes and terminates the marital bond permanently between the couple. It is not permissible for the husband who divorces three times to return his wife to his bond, except in the event that she marries another man.
This is provided in the same law as it mentions concerning the major irrevocable divorce:
“The divorcee may not return to the man who divorced her except after expiry of the waiting period (Idda) from another husband who had carnal knowledge of her pursuant to a valid marriage”
The effects of divorce:
According to Article 107:
“Upon request of the concerned persons and after divorce, the competent judge issues an order fixing the woman’s alimony during her waiting period as well as the alimony of the children, determine the person who has the right to foster the child and the right to visit the fostered child. This order is considered as being of summary execution by force of law and the prejudiced party may appeal this order by all means of appeal prescribed by law.”
Mohamed Mahmoud Al Marzooqi law firm
Attorney / Mohamed Al Marzooqi
Mohamed Al Marzooqi advocates & Consultancy
Lawyer in Abu Dhabi, Dubai – UAE
