How to Deal with Marital Infidelity in the UAE

How to Deal with Marital Infidelity in the UAE: First Steps

The first steps after discovering marital infidelity are:

• Preserve the physical evidence in your possession, only through lawful and legitimate means.
• Keep children completely away from any marital claims or disputes to ensure their stability.
• Realistically assess your basic needs relating to safety, housing, and financial situation.

We always advise against spying on the other party or installing tracking devices. Avoid starting a public confrontation that may harm your legal position.

Can Marital Infidelity Lead to a Criminal Complaint or Divorce?

UAE law provides two different and completely independent routes for dealing with marital infidelity.

The Criminal Route

You may file a criminal complaint for the crime of adultery under Article 409 of Federal Decree-Law No. 31 of 2021 on the Crimes and Penalties Law. The Article punishes the offender with imprisonment for not less than six months.

This criminal report aims only to punish the criminal act. It does not automatically end the marriage contract. Our guide on how to file an adultery case in Dubai explains the complaint process.

The Divorce Route

To legally end the marital relationship, a route separate from the criminal complaint must be used:

• For Muslims: a divorce for harm case is filed under Article 71 of Federal Decree-Law No. 41 of 2024 on Personal Status.
• For non-Muslims: the civil divorce route is available without the need to prove harm, based on Federal Decree-Law No. 41 of 2022.

What Evidence Can Be Used Without Breaching Privacy Laws?

You may rely only on evidence that reaches you through lawful and legitimate means. Examples include:

• Messages sent directly to you.
• Official court judgments.
• Documented police reports.
• Recordings taken from surveillance cameras in public places.

This evidence is legally acceptable because it does not involve any violation of the other party’s private life.

What the Law Prohibits

UAE law absolutely prohibits obtaining evidence through privacy breaches or spying. It provides strict protection for personal data and devices.

The relevant provisions are Articles 2 and 44 of Federal Decree-Law No. 34 of 2021 and Article 431 of Federal Decree-Law No. 31 of 2021. They punish with imprisonment and a fine anyone who:

• Accesses a spouse’s phone without permission.
• Secretly records audio or video calls.
• Publishes private images.

This criminalization ensures the victim does not become an accused person because of violating another’s privacy.

Searching a Spouse’s Phone

Searching a spouse’s phone without consent is not permitted, even if you suspect infidelity. Accessing a phone without permission is punishable under Article 2 of Federal Decree-Law No. 34 of 2021.

Capturing or recording private conversations or images is punishable by imprisonment and a fine. This is under Article 431 of Federal Decree-Law No. 31 of 2021 and Article 44 of Federal Decree-Law No. 34 of 2021.

Recording Phone Calls

You cannot record your spouse’s phone calls to prove infidelity. Recording calls without permission is a crime punishable by law even if you are a party to the call. This is under Article 431 of Federal Decree-Law No. 31 of 2021 and Article 44 of Federal Decree-Law No. 34 of 2021.

Screenshots Obtained Unlawfully

A screenshot of messages is not conclusive and decisive evidence before the court if it was obtained unlawfully. This action may expose you to legal liability and criminal prosecution instead of helping your case.

Always ensure that all evidence submitted was collected within the framework of the law. This supports its acceptance before the court and protects your legal position.

Our guide to adultery law in the UAE explains how the evidence rules work in practice.

Can Infidelity Affect Maintenance, Property or Custody?

Property

Infidelity does not change the ownership of property or lead to its division as punishment. The financial liability of each party remains independent under Article 51 of Federal Decree-Law No. 41 of 2024.

However, infidelity may affect civil financial factors under Article 6 of Cabinet Decision No. 122 of 2023. Ownership claims are covered in our article on asset division during divorce in the UAE.

Maintenance

Maintenance does not lapse merely because infidelity occurred. The exception is where it is linked to a state of disobedience (nushuz) by the wife, as provided in Article 103.

Custody

Custody does not automatically lapse merely because of infidelity. The main standard the court adopts is achieving the child’s best interest, while considering the condition of trustworthiness under Article 113.

It must be proven that the custodian lacks the condition of trustworthiness and that this harms the child’s interest. This is under Article 113 of Federal Decree-Law No. 41 of 2024.

Under Article 115 of the Law, proven infidelity may expose her custody to risk. It may lead to loss of custody because she committed disgraceful conduct that would affect the psychological health of the child in custody.

Can You Claim Compensation for Marital Infidelity During a Divorce?

It depends on the applicable law.

• For Muslims: a wife divorced because of the husband may be entitled to mut’ah of up to one year’s maintenance. Her harm is taken into account, under Article 102 of Federal Decree-Law No. 41 of 2024.
• Separation through arbitrators: the court sets any compensation according to each spouse’s role. Compensation paid by the wife may not exceed the mahr, under Article 74.
• For non-Muslims: the court may order lump-sum compensation under Article 6 of Cabinet Decision No. 122 of 2023. It takes into account each spouse’s contribution to the breakdown of the marriage, such as infidelity.

Choosing a Legal Route Based on Your Goal

For confidential advice on your next steps, contact the Leaders Advocates team.

Official Legal Sources