Fault-based divorce and the legal concept of “harm”

Egyptian personal status law recognises a wife’s right to judicial divorce for harm when continued cohabitation is no longer possible. Harm is assessed case-by-case and may include physical violence, serious and continuous insult, proven desertion, addiction that disrupts family life, financial neglect, or conduct that renders life unsafe or degrading. Courts look for a consistent pattern supported by credible evidence rather than isolated disputes.

The court’s task is not to punish, but to determine whether marital life has become unbearable and whether reconciliation is realistically possible. Children’s rights to housing, education, healthcare, and maintenance are assessed independently and are not waived by the wife’s claim.

Jurisdiction and applicable law for international marriages

Foreign nationals and mixed-nationality couples may bring proceedings in Egypt where the court has jurisdiction — commonly based on the place of marriage, residence or domicile, or the location of effects. Conflict-of-laws rules can require consideration of a spouse’s personal law, yet Egyptian public order and local procedure remain central. Where a marriage certificate was issued abroad, a certified translation and legalisation or apostille are typically required.

If a parallel case is running overseas, early strategy is critical to avoid inconsistent outcomes and to plan for recognition or enforcement of the Egyptian judgment in the client’s country of residence.

Recognised categories of harm

• Physical or psychological abuse documented by medical reports, complaints, or witness testimony.
• Serious, repeated insult or humiliation undermining dignity and making cohabitation unreasonable.
• Desertion or abandonment and persistent failure to provide maintenance or housing without lawful excuse.
• Addiction or criminal conduct that destabilises the family or exposes spouses or children to danger.
• Bigamy or polygamy that causes harm or materially prejudices the wife’s position.

The court weighs credibility and consistency across documents and witness statements. A well-prepared file tells a coherent story, cross-referenced to dates, reports, and correspondence.

Evidence strategy — building a persuasive case

• Certified medical reports and photos (where appropriate) with clear dates and treating facilities.
• Police or prosecutor complaints, protective reports, or case numbers (if any).
• Witness statements from neighbours, relatives, or colleagues who can attest to specific incidents.
• Financial records showing failure to provide essentials or maintenance.
• Digital evidence (messages or emails) extracted lawfully and translated by accredited translators when needed.
• Certified translations and legalisation or apostille for foreign documents so they are court-ready.

A focused bundle is more persuasive than a large, disorganised file. Label exhibits clearly and map each piece of evidence to the alleged harm.

Procedure and realistic timeline

1. Dispute Settlement Office (conciliation): the case opens with a formal attempt at reconciliation. If not resolved, a report enables filing before the Family Court.
2. Filing and service: the petition sets out the facts of harm with exhibits attached. Proper service on the husband — especially if abroad — is essential and often the main driver of timing.
3. Hearings and proof: the court may hear witnesses, consider documents, and order expert steps where appropriate. Interim orders on maintenance or child measures can be requested on a separate track.
4. Judgment: if the court finds that harm is established and reconciliation is unrealistic, it issues a judicial divorce. Timeframes are case-specific and measured in months; international service can extend them.
5. Post-judgment administration: extract the official judgment, arrange certified translations, and plan for recognition or registration overseas if required.

Children, housing and maintenance

Divorce for harm does not prejudice children’s rights. The court can order child maintenance, schooling and medical costs, and regulate custody or visitation according to the child’s best interests. Housing arrangements are addressed based on the family’s circumstances and the child’s need for stability.

Financial consequences and documentation

Financial outcomes depend on the marriage contract, applicable rites, and proven facts. The court may consider the mahr (prompt or deferred), outstanding maintenance, documented contributions, and other lawful claims. Contracts, receipts, rental agreements, and bank statements frequently determine what can realistically be awarded.

Documents checklist for foreign clients

• Original or certified marriage certificate (foreign certificates require certified translation and legalisation or apostille).
• Passports or IDs and proof of residence or domicile where relevant.
• Evidence supporting harm: medical reports, complaints, witness details, photos, and messages (lawfully obtained).
• Financial records: rent, utilities, school fees, bank statements, and maintenance requests.
• A power of attorney if counsel in Egypt will act on your behalf.

FAQs

Is mutual consent required for fault-based divorce?

No. The court can grant divorce upon proof of recognised harm and procedural compliance, even without the husband’s consent.

How long does fault-based divorce for foreigners in Egypt take?

There is no fixed statutory period. Duration turns on court calendars, the completeness of evidence, and — crucially — service abroad where applicable.

What if most of my evidence is outside Egypt?

Foreign documents are acceptable if translated and properly legalised or apostilled. Counsel will map each exhibit to the alleged facts and address admissibility at the outset.

Will a judgment from Egypt be recognised in my country of residence?

Recognition depends on the destination country’s rules. Plan early for timelines, certified translations, and any public-policy checks.