Divorce for Discord (Shiqaq): How Can the Wife Prove It?
Discord (shiqaq) is the deep and continuous dispute between spouses to the extent that continuing the marital life becomes impossible. Physical harm is not required; it is enough that the dispute affects psychological and living stability. The court considers it a legitimate reason for divorce if the impossibility of reconciliation is proven. It is one of the most common reasons for divorce in the UAE. The court assesses each case according to its own circumstances.
1) **Meaning of Discord Legally**
Discord (shiqaq) is the deep and continuous dispute between spouses to the extent that continuing the marital life becomes impossible. Physical harm is not required; it is enough that the dispute affects psychological and living stability. The court considers it a legitimate reason for divorce if the impossibility of reconciliation is proven. It is one of the most common reasons for divorce in the UAE. The court assesses each case according to its own circumstances.
2) **Conditions for Accepting a Discord Lawsuit**
It is required that the dispute be continuous and unsolvable despite reconciliation attempts. The wife must prove that the relationship has reached complete collapse. The court also verifies the existence of previous reconciliation attempts, whether through family guidance or family intervention. The lawsuit is rejected if the dispute is minor or temporary. It is required that the discord affects marital life.
3) **Methods of Proving Discord Before the Court**
Discord can be proven through messages, recordings, family guidance reports, or testimonies from people aware of the dispute. Police reports can also be used if altercations or reports occurred. The court verifies the seriousness of the evidence and the absence of exaggeration. It may seek the help of a social expert to assess the relationship. The clearer the evidence, the faster the judgment.
4) **Effect of Divorce for Discord on Financial Rights**
Divorce for discord is often a final (ba'in) divorce, and the wife is entitled to all her financial rights such as alimony and 'mut'ah'. The court may grant compensation if it is proven that the husband was the main cause of the relationship's breakdown. The court also obliges the husband to settle any overdue financial rights. The best interest of the children, if any, is considered in the ruling.
5) **Effect of Discord on Custody and Visitation**
If the discord affects the children, the court gives priority to the more stable custodian. Visitation may be organized in a way that prevents contact between the parties to avoid disputes. The court monitors the commitment of both parties after the divorce. Custody may be modified later if new circumstances arise. The criterion of "the child's best interest" remains the foundation.
6) **Role of the Legal Consultant in Discord Lawsuits**
The legal consultant helps the wife gather evidence and present it convincingly before the court. He also explains her financial rights after the divorce. He ensures the lawsuit is filed correctly without loopholes. He provides a legal plan to expedite procedures and reduce contact between the parties. He ensures the protection of children's rights throughout the proceedings.
**(Message to the Reader)**
