Bahraini Court Grants Divorce to Christian Couple Based on Foreign Law

TDT | Manama

The Daily Tribune - www.newsofbahrain.com   

The High Civil Court in Bahrain has granted a divorce to a Christian couple, applying the law of their foreign nationality. The court ruled in favour of the divorce after finding that the couple's marital relationship had irrevocably broken down. The court stressed that the provisions of the couple's national law were not contrary to Bahraini public order or morals.

The couple, both Christian nationals of a foreign country, had been married since 2011. However, they had experienced marital difficulties for several years and lived separately despite residing in the same home with their children. Eventually, the wife left the marital home and moved into her own apartment, signifying the complete breakdown of their relationship.

This prompted the husband to file for divorce, seeking to end the marriage. He submitted a separation agreement outlining the financial obligations arising from the divorce, signed by both parties.

The court, in its ruling, stated that it is legally mandated to adjudicate personal status matters for non-Muslims according to the law of the husband's country at the time of marriage.

This law governs the effects of the marriage contract, including financial aspects. Furthermore, the court emphasized that the divorce should be governed by the law of the husband's country at the time of the divorce filing. The applicable law must not contradict Bahraini public order or morals.

The court found that the law governing divorce in the husband's country permits the dissolution of marriage through a court order. The only grounds for such a ruling are the irretrievable breakdown of the marriage, mental illness, or prolonged unconsciousness of one party.

The court can also grant a divorce based on the irretrievable breakdown of the marriage if it determines that the relationship has reached a point of complete disintegration, with no reasonable chance of restoring a normal marital bond. This includes situations where the couple has not lived together as husband and wife for at least one year prior to the divorce filing.

The court concluded that the evidence presented, including witness testimony, confirmed that both parties were living in separate residences. Despite attempts at reconciliation and seeking professional advice, these efforts proved unsuccessful due to severe disagreements between the couple. This fulfilled the criteria for a divorce based on the irretrievable breakdown of the marriage.

The court also granted the couple's request to formally recognise their separation agreement and its contents. This agreement, signed by both parties, outlines the financial arrangements resulting from the divorce.