The percentage of expatriates as of now in UAE are 88% of the total population. This indirectly means that the working class of UAE are mostly the ones who leave their homelands in order to pursue opportunity in abroad. Due to this, it unfortunately results in separation from their families or spouse. These long distant relations are the paramount reason for tension or having extra marital affairs among the couples as witnessed in many cases by Family Lawyers of Dubai although this is not the only reason. Adultery is regarded as a criminal offense in UAE under Article 356 of the UAE Penal Code and the person committing it can be accused of the same.
Ingredients of the offense of Adultery:
Following are the main points which one should keep in mind as one talks abut adultery in UAE:
Options at the disposal of one who was cheated are the following:
In the case, where one partner is living in UAE and the other is living outside UAE:
Thought the UAE law, earlier provided that the unmarried couples cannot live together. But this rule has been changed, owing to the amendments made on 7th November, 2020 . the UAE had a strict policy that an unmarried couple or two people of different sex who are not related to each other are prohibited to live under a single roof. As a result of which, the person who is accused for the offense of adultery could be charged for live-in relationship also. But now the accused of adultery will be solely charged under the law of adultery only.
According to the UAE penal code, the act of infidelity by either spouse is a criminal offense under article 356. One can register a complaint with the police about the same but the prosecution is responsible to investigate the spouse accused and the other party to the offense. If the prosecution is successful in establishing a physical relationship between both of them, then the court can convict both of them with the punishment of at least one year and up to three years and will necessary deport them in case of an expatriate.