Can Whatsapp messages be used as evidence before UAE Courts?

A husband sent a WhatsApp message to his wife stating:

“Ur divorced starting today.”

The question before the Dubai Courts was whether such a message could have legal consequences.

The court considered that the WhatsApp message could constitute a valid declaration of divorce, despite the husband’s argument that the message was sent impulsively and was not intended as a formal legal act.

This case highlights a broader reality: in the UAE, digital communications are no longer viewed as simple informal conversations without legal consequences.

Today, WhatsApp is widely used by individuals and businesses to communicate, negotiate, share documents and even confirm agreements.

So, can WhatsApp messages be used as evidence before UAE courts?

Yes, they can.

Under Federal Decree by Law No. (46) of 2021 on Electronic Transactions and Trust Services and Federal Decree by Law No. (35) of 2022 promulgating the Law of Evidence in Civil and Commercial Transactions, electronic communications may have evidentiary value, provided that certain requirements are met.

Courts may consider factors such as:

• the identity of the sender;

• the authenticity of the messages;

• whether the communication has been altered;

• the context in which the messages were exchanged.

For businesses, this is particularly important. Discussions regarding prices, approvals, instructions or commitments may later become relevant in a commercial dispute.

A message that appears informal today may become important evidence tomorrow.

Hence, think before you WhatsApp.

Important agreements and commitments should always be properly documented, while preserving relevant digital communications.

If you are facing a dispute or need advice on protecting your legal position in the UAE, early legal advice can help avoid unnecessary risks.