Court Grants Expat Divorce After 10-Year Marriage

TDT | Manama 

Email: mail@newsofbahrain.com

The Court of Cassation upheld the divorce of a 40-year-old expatriate man from his European wife after a decade of marriage, citing “the impossibility of marital life” and applying the civil law of the husband’s home country.

The ruling also granted custody of the couple’s two children to the mother and ordered the father to pay monthly child support of 1,000 dinars.

The case stemmed from a civil marriage that lasted over 10 years but broke down after prolonged disputes and a physical separation of more than five years. The husband filed for divorce under Article 232 of his national law, submitting certified translations, documents, and WhatsApp messages to support his claim that reconciliation was impossible.

The wife countered with claims seeking custody, child support, housing allowances, and a 50-50 division of shared assets. However, the courts initially ruled that she had not provided sufficient legal documentation or certified translations to support her financial claims.

The Court of Cassation confirmed that Bahraini courts have jurisdiction over expatriate personal status cases and may apply the husband’s national law at the time of filing. It also noted that the applicable foreign law permits divorce after prolonged separation when the marital relationship is irreparably broken.

While earlier rulings dismissed the wife’s financial claims due to lack of evidence and documentation, the Court of Appeals later awarded her custody, child support, and housing support after determining that she was the primary caregiver and acting in the children’s best interests.

However, the court rejected her request to divide financial assets due to insufficient proof of joint holdings or financial records.