One of the hardest things about divorcing overseas is facing an unfamiliar legal system.
. Suppose you are interested in learning how to file for a divorce in the UAE. In that case, it is valuable to understand the legal process, the courts’ involvement, and how issues regarding child custody, maintenance, and asset distribution are treated. Although the process can seem daunting at first, acquiring the appropriate knowledge will make it easier to pursue divorce in the UAE and enable you to make the right decisions regarding your future.
Step-by-Step Process of Divorce in the UAE
Step 1: Register the case
One of the spouses has to register the divorce case in the Family Guidance Section in the judicial department of the Emirate in which they reside.
Step 2: Attend reconciliation sessions
A court-appointed conciliator will meet both parties to try to resolve their issues. This stage is mandatory, and lawyers are not allowed to attend.
Step 3: Attempt settlement
If both parties agree to separate peacefully, they can prepare a mutual settlement agreement and sign it before the conciliator.
If they reconcile, the divorce case is closed.
Step 4: Referral letter if no agreement
If either or both parties still wish for the divorce, the conciliator will give a referral letter so that the case can proceed to court.
Step 5: File the referral letter with court
The letter is three months valid. Either party may file this in court within this time frame.
Step 6: Court proceedings
Once in court, both parties have to put forth their claims and offer proof to validate their case. The judge subsequently examines all information and makes a final ruling on the divorce, custody, and economic aspects
UAE Divorce Law for Native/ Muslim Citizens
Divorce Laws for Muslim Couples
For Muslim couples, divorce and marriage in UAE are regulated according to Sharia laws. In case both husband and wife are Muslims and residing in the Emirates, UAE law on divorce will typically apply. The same applies when the husband is Muslim and the wife is not Muslim.
Divorce Laws for Non-Muslim Couples
Non-Muslim expatriates have two options: they either file for divorce in the home country or the UAE.
According to Article 1 of Federal Law No. 28 of 2005 on Personal Status, UAE courts have the jurisdiction to implement the laws of the couple’s home country if either spouse demands it. Where the laws of the home country fail to deal with some issues, default will be the UAE divorce law.
This implies that non-Muslim couples may use their national laws for divorce cases, custody, and division of property, but the UAE court reserves final discretion.
Child Custody Rules
In UAE divorce law, guardianship and custody are distinct concepts.
- Custody (day-to-day care): Typically awarded to the mother.
- Guardianship (financial and legal responsibility): Is reserved by the father.
The father is required to offer residence, education, medical care, and other essential things for the child. The best interests of the child are prioritized by the courts, which usually translate to leaving the child with the mother under the control of the father.
Mother’s custody typically expires when a boy is 11 years and a girl is 13 years old, when the father can petition for custody.
Mothers can seek extensions of custody until a son finishes his education or a daughter gets married, provided they establish that they are taking proper care.
Fathers can seek custody as well if they feel the child needs a change, but it is always up to the court.
Eligibility for Custody:
Should be sane, mature, truthful, healthy, and without criminal convictions.
Mothers can’t remarry (except court-approved) and have to be of the same religion as the child.
Fathers have to have an appropriate lady within the home (e.g., a female relative) to assist in taking care of the child and also have to be the same religion as the child.
Travel Restrictions and Custody
Neither parent is allowed to travel outside the country with the child unless approved by the other parent. This may be termed child abduction, and the legal consequences are very serious. Travel restrictions may also be sought by parents to prevent a child from being removed from the UAE during disagreements.
Divorce Rate in the UAE
As expatriate populations and cross-cultural marriages increase, the divorce rate in UAE has been on the rise over the past few years. Most of these cases are related to cultural differences, financial stresses, or difficulties in coping with an alien legal system. The UAE government keeps adjusting family laws to clarify the process for citizens and expatriates alike.
Divorce in the UAE may seem daunting, given the variation of rules for Muslims and non-Muslims. But once you know the UAE divorce law, things make more sense and are less fearsome. Whatever it is – custody, money, or assets – ignorance is really the fear factor. If you are asking yourself how to get divorce in the UAE, keep in mind—each case is different, but with the correct information and professional guidance, you can proceed with confidence.
FAQs
1. Are expatriates allowed to file for divorce in UAE?
Yes, expatriates are allowed to file before UAE courts, and in certain circumstances, they may petition to have the law of their home country applied.
2. How is custody of children determined in UAE divorce cases?
Custody is granted according to the child’s best interest, with mothers tending to have custody of younger children and fathers as guardians.
3. Is UAE law such that property is divided 50/50 on divorce?
No, no automatic 50/50 division of property. Each spouse retains what is in their sole name unless jointly owned.
4. How long does a UAE divorce take?
Mutual divorces can take a couple of months, whereas contested divorces can take a year or more based on complexity.
5. Does divorce differ between Muslims and non-Muslims in the UAE?
Yes, Muslims tend to adhere to Sharia-based principles, whereas non-Muslims can utilize civil family laws in UAE
