In the UAE, is marital infidelity illegal? Yes, when it involves consensual sexual relations outside marriage, but a criminal case requires a complaint by the spouse or guardian.
Article 409 of the Penal Code punishes it with imprisonment of at least 6 months. The Code is Federal Decree-Law 31/2021, amended by Federal Decree-Law 13/2025 from 1 December 2025.
The spouse can withdraw the complaint, which ends the case or stays the sentence.
Quick Answer
Marital infidelity can be a criminal offence in the UAE when it involves consensual sexual intercourse outside marriage. Under Article 409 of Federal Decree-Law No. 31 of 2021, as amended, the stated penalty is imprisonment of at least 6 months. Prosecution requires a complaint by the spouse or guardian.
The eligible complainant may withdraw the complaint, which can end the case or stay execution of the sentence. Infidelity may also have consequences in divorce proceedings. Anyone considering a complaint should avoid unlawfully accessing private accounts or sharing confidential messages and should seek legal advice about the available options.
Is Marital Infidelity Illegal: Article 409
The offence is not limited to married people. It covers any adult who has consensual intercourse outside marriage, and the person who consents is punished in the same way.
| Point | What Article 409 provides |
|---|---|
| The act | A person who is 18 or more has intercourse by consent with a woman who is 18 or more (Art 409(1)(a)) |
| Penalty | Imprisonment of not less than 6 months. The woman who consents to it receives the same penalty |
| Who can complain | The criminal case is brought only on a complaint by the spouse or the guardian (Art 409(5)) |
| Waiver | The spouse or guardian can waive the complaint. The waiver ends the case, or stays the sentence if it comes later (Art 409(5)) |
| Persons under 18 | A separate, heavier rule applies to a person who is 18 or more and has relations with someone under 18. The juvenile law applies to those under 18 (Art 409(2) to (4)) |
Facing a Marital Infidelity Legal Dispute in Dubai?
Discuss the circumstances, complaint requirements and possible criminal or family-law implications with Leaders Advocates. Ask how Article 409 may apply before taking legal action.
How a case starts and ends
- A complaint-based offence generally must be reported within three months of the day the complainant learns of the crime and the perpetrator (Criminal Procedure Law, Article 11).
- The complainant can withdraw the complaint at any time before a final judgment, and the case ends (Article 17). After a final judgment, the Public Prosecution stays the execution of the sentence and releases the convict.
- Reporting goes to the police or the Public Prosecution. The accused keeps the usual rights on arrest, such as being told the charge and the right to remain silent (Criminal Procedure Law, Article 48).
What it means for foreigners
The Penal Code applies to anyone who commits a crime in the State (Article 17). A foreigner convicted of a misdemeanour can be deported.
The court may order deportation, or order it instead of a custodial sentence (Article 126(2)). A foreigner who is the spouse or first-degree relative of a UAE citizen cannot be sentenced to deportation unless the crime is against State security (Article 126(3)).
Need Advice About an Infidelity Complaint or Withdrawal?
Speak with Leaders Advocates about complaint eligibility, the applicable reporting period, withdrawal procedures and potential consequences for foreign nationals. The appropriate advice depends on the allegations and case status.
Civil and family consequences
- A spouse can ask the court for divorce for harm that makes living together impossible (Personal Status Law, Article 71).
- For non-Muslims, either spouse can ask for divorce without giving a reason (Federal Decree-Law 41/2022, Article 7).
- Infidelity can also affect what is argued about financial claims, custody and housing, which the court decides on the facts.
What not to do if you suspect infidelity
Do not collect proof by getting into your spouse’s phone, email or accounts. Hacking is a separate offence, with imprisonment and a fine of AED 100,000 to AED 300,000, or either (Cybercrimes Law, Article 2).
- Do not share private messages or photos online, which can create privacy and defamation offences.
- Keep what you receive lawfully, and take advice on how to present it.
- Decide early whether you want a criminal complaint, a divorce case, or neither.
If you are deciding what to do after discovering infidelity, you can send us the facts on WhatsApp or through the Contact Us page.
Considering Divorce After Marital Infidelity?
Discuss your divorce options, lawful evidence, financial claims and any child-related concerns with Leaders Advocates. Obtain legal guidance before filing a complaint or using private communications as evidence.
Questions about marital infidelity in the UAE
Relevant Legal Services
For marital infidelity complaints, divorce proceedings, family disputes and related criminal allegations, explore our divorce lawyers in Dubai, family lawyers in Dubai and criminal defence lawyers in Dubai. The appropriate legal response depends on the circumstances, evidence, applicable family-law framework and any existing complaint or court proceedings.
Related Legal Guidance
Need Legal Help With Marital Infidelity in the UAE?
To discuss a complaint or divorce, speak to our lawyers on WhatsApp or use the Contact Us page. Our family, divorce and criminal defence legal services can help assess complaint requirements, lawful evidence, withdrawal options and possible family-law consequences.
