UAE Court: Threatening Polygamy Can End Your Marriage – Legal Warning for Husbands

A recent UAE court ruling has sent a clear and powerful message to married couples: repeated threats of polygamy can amount to psychological harm and may legally justify the dissolution of a marriage in the UAE. In a landmark decision issued by the Fujairah appellate court, a husband’s ongoing threats to marry a second wife and force both spouses to live under the same roof were ruled a violation of the wife’s statutory rights under UAE family law.

Threats of Polygamy as Psychological Harm

The court determined that persistent threats of taking a second wife, coupled with demands for forced cohabitation, constitute mental and emotional harm. Under Article 77 of the UAE Federal Personal Status Law (Federal Decree Law No. 41 of 2024), a wife is legally entitled to a separate residence that is not shared with another spouse. Any attempt to undermine this right was found to be unlawful, even where polygamy itself may be permitted under certain conditions.

Appellate Court Overturns Lower Court Ruling

In this case, the appellate court overturned an earlier dismissal that had allowed provisions for cohabitation. The higher court annulled those provisions entirely, reaffirming the wife’s exclusive right to the marital home. Importantly, the court also upheld the husband’s ongoing financial obligations. This includes monthly spousal maintenance, child support, and the provision of a domestic worker, reinforcing the principle that financial responsibility continues regardless of marital disputes.

Legal Grounds for Divorce Based on Harm

Article 71 of the Personal Status Law provides that proven harm, whether physical, verbal, or psychological, may render marital life impossible to continue. The court recognised that repeated threats alone can qualify as harm when they create fear, instability, or emotional distress. Where reconciliation efforts fail, the law empowers courts to grant divorce to protect the affected spouse.

Alignment with UAE Domestic Violence Legislation

This ruling aligns with the broader protections introduced under Federal Decree-Law No. 13 of 2024 on domestic violence. The legislation recognises threats as a form of abuse and provides for penalties including fines, imprisonment, rehabilitation programmes, restraining orders, and access to protective shelters. Together, these laws reinforce the UAE’s commitment to safeguarding family stability and individual dignity.

What This Means for Families in the UAE

The decision highlights that polygamy related disputes are not assessed in isolation. They are assessed within a wider context of emotional well being, fairness, and legal rights. Husbands must exercise caution, as coercive behaviour or repeated threats can have serious legal consequences. For wives, the ruling affirms that emotional security and housing rights are fully protected under UAE law.

Conclusion

This case represents a significant step in the evolution of family law in the UAE. It confirms that psychological harm carries real legal weight. Courts are increasingly focused on preserving dignity, stability, and fairness within the family unit. They will intervene decisively when those principles are breached.

With over 30 years of experience in UAE law and recognition by Legal 500, Al Kabban & Associates stands ready to help corporations build resilience against legal risks while ensuring compliance with local and international standards. For more information or to schedule a consultation, contact us at +971 4 453 9090 or visit www.alkabban.com. You can also follow us on social media for more updates on everything law related in the UAE: @Alkabban_Law

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