An expat can secure a mutual divorce as quick as one month from any Personal Status Courts located in all seven emirates.
The Personal Status Courts are not attached to the main Court buildings but have their own set up.
The Personal status court deals with family matters such as marriage, divorce, alimony, guardianship, custody and visitation, proof of maturity, proof of lineage and inheritance. They (the cases) are governed under Federal Law No. 28 of 2005.
Article 1 of the law provides that the law applies to all UAE residents –Emiratis and expats, Muslims and non-Muslims. Cases pertaining to non-Muslims are governed by special rules relating to their specific creed or sect. If both parties fail to reach an amicable agreement, the dispute is referred to the Court of First Instance.
A guide for mutual consent divorce from the UAE
1. The first step is filing a petition for divorce in the Family Guidance Centre set up under the Personal Status Court. A divorce case is registered and a file opened in both the names of the couple. The couple have to submit their marriage certificate, passport and Emirates ID copies. The petition is filed in the Family Guidance Centre set up under the Personal Status Court.
2. Within a week, the court gives a date for the couple to attend a counselling session. Both the husband and wife have to be present for the session. If one of them is not able to attend, another suitable date is provided by the Court. This procedure is mandatory for divorce proceedings in the UAE. During the session, couples are allowed to raise concerns pertaining to their marriage in the absence of their legal representatives. The settlement is discussed at length so the couple are in sync on issues pertaining to child custody, family maintenance, separation of assets among others.
3. The counsellor decides on the number of sessions required. It usually varies from two to four.
4. When the couple are in sync with the agreement, the counsellor approves the divorce and sets a date for the final hearing before a presiding judge.
5. The agreement is then submitted and filed in the court. If it is in English, the court will translate it into Arabic.
6. On the final day, the couple is presented before a judge who takes note of the details of the settlement. Inside the chamber only four people are present – the judge, the couple and a translator.
7. The judge issues the divorce order the same day. It is Arabic.
8. Post receiving the divorce certificate the couple have to duly get it attested in the Ministry of Justice, Ministry of Foreign Affairs and their consulate.
9. If a couple wants to get back together after a divorce certificate is issued, they will have to re-marry. The divorce cannot be reversed.
Charges:
The charges for opening a file and securing the divorce certificate is around Dh500. There are other charges for the divorcing couple such as lawyer and attestation fees. The lawyer fees can vary. Attesting the certificate at the Ministry of Justice, Ministry of Foreign Affairs and the consulate of the home-country can all add up to around Dh1,200. This is an approximate charge and varies according to the consulate of the home-country.
Laws for Muslim couples
Islamic marriages are governed by the Sharia law. If both husband and wife are Muslims and residents in the UAE, Sharia/UAE law is applied to their divorce. The same is also the case where one of the couple is a Muslim and the other a non-Muslim.
Laws for non-Muslim couples
Non-Muslim expatriate can file for divorce in in the UAE. If the parties wish to have the law of their home country applied, they may petition for this before the court under Article 1 of the Federal Law No 28 of 2005 for Personal Affairs. So this means that relevant parties may ask to apply their own laws to personal status matters.
Free consultation
Ministry of Justice (MOJ) is giving free reconciliation sessions through smart phone in cases of marriage disputes. The sessions are held in the family guidance centre within the Personal Status Court.
Frequently Asked Questions-FAQs
Where can I divorce and which law prevails?
Expats usually have a choice of jurisdiction as to divorce proceedings through their domicile, residence or nationality.
From the perspective of jurisdiction, there are three main rules:
1) Foreign nationals living in the UAE can file for divorce in the UAE, on the basis that they are residing here
2) You may be able to divorce in your home country, depending on your home country’s residency rules
3) You may be able to apply in the UAE under the application of your home country’s laws
When the parties have different nationalities, this can further complicate matters, as each of them may advocate for their respective home countries law to apply.
In situations where the home country laws do not fully cover certain aspects of the divorce procedure for example, child maintenance, the Dubai court would continue to hold the jurisdiction to apply UAE law for that particular aspect.
When choosing jurisdiction it is very important to seek legal advice from a licensed family lawyer from the outset, as the jurisdiction in which you decide to divorce in can have a huge impact on your financial settlement, maintenance, and the custody and guardianship of children going forward.
How do I initiate proceedings?
Once proper legal advice is sought, either party can open a file to divorce at the court stipulating their decision to dissolve the marriage.
This is followed by a meeting with a conciliator at the court to ascertain if an amicable agreement can be reached or not between the parties. This is mandatory for divorce proceedings in the UAE.
My spouse and I have agreed to get a divorce but we do not want to go through a time consuming court process. Is there a simpler way to get a divorce here in Dubai?
Yes, one of the avenues through which couples may obtain a divorce is through mutual consent and agreement. This means that the divorce and all of the terms relating to the divorce, i.e. payments, child custody etc. are agreed to. A mutual consent divorce begins with the preparation of a settlement agreement, which a lawyer may assist you with. All couples must first meet with the reconciliation counsellor in advance of proceeding with the divorce, a process that is in line with the public policy emphasis of a respect for marriage and familial units. The settlement agreement is filed at the courts, as part of the divorce, thus governing the terms of the divorce.
Who will get custody of my children?
It is important to note that in the UAE parents do not share equal parental responsibility like they would, for example, in England.
However, the court here will always act in the best interests of the child. In this jurisdiction following a divorce, the mother will become the ‘custodian’ and the father is the ‘guardian’.
Usually the custody of the children remains with the mother until the children reach the age of puberty. At that point the father has a right to make an application for custody to be transferred to him. If the transfer of custody to the father is disputed by the mother, then the court will make a decision based on the facts of the individual case and the best interests of the children.
As custodian the mother is responsible for the day-to-day care of the children. The father, as guardian, is responsible for the child’s education, medical treatment, accommodation and guiding them in terms of morals and religion.
As a Guardian can I visit my children?
A guardian does have visitation rights to spend time with his children, and the Judge usually determines this to be one or two days a week, unless the parties agree otherwise in an amicable agreement.
Therefore the mother as custodian of the children cannot usually permanently move to another country in order to deliberately prevent such contact by the father, unless the father consents to the move.
Am I able to leave the country with my children?
Leaving and removing a child without the consent of the other party amounts to child abduction.
This is a very sensitive situation, particularly when a mother wishes to flee this jurisdiction to avoid the application of the local UAE law. Even your home country is likely to return abducted children to their country of residence.
If either parent has concerns that their permission will not be sought for travel they can obtain a ‘travel ban’ preventing the child from any travel out of the UAE. In such situations it is prudent to speak to a lawyer about the arrangements and safeguards that can be put in place if you feel there is a potential risk of child abduction arising.
As a wife getting divorced in Dubai, what are my rights?
Under UAE Law, the male is 100 per cent responsible for the financial support of his children. As this would naturally include accommodation, which is a significant financial obligation, he would by default also be paying for the housing of his ex-wife, since the mother has custody. Many ex-wives with children find that this aspect provides a tremendous financial relief.
Conversely, this means that there is a great deal of weight on fathers going through a divorce because they are 100 per cent responsible for support as soon as there are children involved. This creates both a financial and mental battle for the father, especially for those who are not familiar with the cultural intricacies of Sharia law in a family breakdown.
On the other hand, there is no allocation for ongoing spousal support compensation, and this is often challenging, especially for wives with no children, who essentially get very little financial support. The financial support for the wife herself is limited to what is known as iddah period, which is a three-month period during which the wife cannot get remarried. During this period, the wife would get financial compensation from her husband, being a monthly lump sum amount. In addition, if a wife initiates a divorce, the court may rule that she has given up her right to the three-month iddah support.
Each client’s situation is unique in some way – we work with a range of clients with varying circumstances. This diversified experience has allowed us to develop in depth knowledge of the various concerns and uncertainties that expats may have when it comes to getting a divorce while living in Dubai.
Read more; Marriage procedures in UAE
------------------------------------------------
Indian passport renewal online form filling, Certificate attestation, PRO Service and Translation. Call: 04-3586215, +971-55-9105757 or mail your queries to visaprocess.ae@gmail.com
------------------------------------------------
The Personal Status Courts are not attached to the main Court buildings but have their own set up.
The Personal status court deals with family matters such as marriage, divorce, alimony, guardianship, custody and visitation, proof of maturity, proof of lineage and inheritance. They (the cases) are governed under Federal Law No. 28 of 2005.
Article 1 of the law provides that the law applies to all UAE residents –Emiratis and expats, Muslims and non-Muslims. Cases pertaining to non-Muslims are governed by special rules relating to their specific creed or sect. If both parties fail to reach an amicable agreement, the dispute is referred to the Court of First Instance.
A guide for mutual consent divorce from the UAE
1. The first step is filing a petition for divorce in the Family Guidance Centre set up under the Personal Status Court. A divorce case is registered and a file opened in both the names of the couple. The couple have to submit their marriage certificate, passport and Emirates ID copies. The petition is filed in the Family Guidance Centre set up under the Personal Status Court.
2. Within a week, the court gives a date for the couple to attend a counselling session. Both the husband and wife have to be present for the session. If one of them is not able to attend, another suitable date is provided by the Court. This procedure is mandatory for divorce proceedings in the UAE. During the session, couples are allowed to raise concerns pertaining to their marriage in the absence of their legal representatives. The settlement is discussed at length so the couple are in sync on issues pertaining to child custody, family maintenance, separation of assets among others.
3. The counsellor decides on the number of sessions required. It usually varies from two to four.
4. When the couple are in sync with the agreement, the counsellor approves the divorce and sets a date for the final hearing before a presiding judge.
5. The agreement is then submitted and filed in the court. If it is in English, the court will translate it into Arabic.
6. On the final day, the couple is presented before a judge who takes note of the details of the settlement. Inside the chamber only four people are present – the judge, the couple and a translator.
7. The judge issues the divorce order the same day. It is Arabic.
8. Post receiving the divorce certificate the couple have to duly get it attested in the Ministry of Justice, Ministry of Foreign Affairs and their consulate.
9. If a couple wants to get back together after a divorce certificate is issued, they will have to re-marry. The divorce cannot be reversed.
Charges:
The charges for opening a file and securing the divorce certificate is around Dh500. There are other charges for the divorcing couple such as lawyer and attestation fees. The lawyer fees can vary. Attesting the certificate at the Ministry of Justice, Ministry of Foreign Affairs and the consulate of the home-country can all add up to around Dh1,200. This is an approximate charge and varies according to the consulate of the home-country.
Laws for Muslim couples
Islamic marriages are governed by the Sharia law. If both husband and wife are Muslims and residents in the UAE, Sharia/UAE law is applied to their divorce. The same is also the case where one of the couple is a Muslim and the other a non-Muslim.
Non-Muslim expatriate can file for divorce in in the UAE. If the parties wish to have the law of their home country applied, they may petition for this before the court under Article 1 of the Federal Law No 28 of 2005 for Personal Affairs. So this means that relevant parties may ask to apply their own laws to personal status matters.
Free consultation
Ministry of Justice (MOJ) is giving free reconciliation sessions through smart phone in cases of marriage disputes. The sessions are held in the family guidance centre within the Personal Status Court.
Frequently Asked Questions-FAQs
Where can I divorce and which law prevails?
Expats usually have a choice of jurisdiction as to divorce proceedings through their domicile, residence or nationality.
From the perspective of jurisdiction, there are three main rules:
1) Foreign nationals living in the UAE can file for divorce in the UAE, on the basis that they are residing here
2) You may be able to divorce in your home country, depending on your home country’s residency rules
3) You may be able to apply in the UAE under the application of your home country’s laws
When the parties have different nationalities, this can further complicate matters, as each of them may advocate for their respective home countries law to apply.
In situations where the home country laws do not fully cover certain aspects of the divorce procedure for example, child maintenance, the Dubai court would continue to hold the jurisdiction to apply UAE law for that particular aspect.
When choosing jurisdiction it is very important to seek legal advice from a licensed family lawyer from the outset, as the jurisdiction in which you decide to divorce in can have a huge impact on your financial settlement, maintenance, and the custody and guardianship of children going forward.
How do I initiate proceedings?
Once proper legal advice is sought, either party can open a file to divorce at the court stipulating their decision to dissolve the marriage.
This is followed by a meeting with a conciliator at the court to ascertain if an amicable agreement can be reached or not between the parties. This is mandatory for divorce proceedings in the UAE.
My spouse and I have agreed to get a divorce but we do not want to go through a time consuming court process. Is there a simpler way to get a divorce here in Dubai?
Yes, one of the avenues through which couples may obtain a divorce is through mutual consent and agreement. This means that the divorce and all of the terms relating to the divorce, i.e. payments, child custody etc. are agreed to. A mutual consent divorce begins with the preparation of a settlement agreement, which a lawyer may assist you with. All couples must first meet with the reconciliation counsellor in advance of proceeding with the divorce, a process that is in line with the public policy emphasis of a respect for marriage and familial units. The settlement agreement is filed at the courts, as part of the divorce, thus governing the terms of the divorce.
Who will get custody of my children?
It is important to note that in the UAE parents do not share equal parental responsibility like they would, for example, in England.
However, the court here will always act in the best interests of the child. In this jurisdiction following a divorce, the mother will become the ‘custodian’ and the father is the ‘guardian’.
Usually the custody of the children remains with the mother until the children reach the age of puberty. At that point the father has a right to make an application for custody to be transferred to him. If the transfer of custody to the father is disputed by the mother, then the court will make a decision based on the facts of the individual case and the best interests of the children.
As custodian the mother is responsible for the day-to-day care of the children. The father, as guardian, is responsible for the child’s education, medical treatment, accommodation and guiding them in terms of morals and religion.
As a Guardian can I visit my children?
A guardian does have visitation rights to spend time with his children, and the Judge usually determines this to be one or two days a week, unless the parties agree otherwise in an amicable agreement.
Therefore the mother as custodian of the children cannot usually permanently move to another country in order to deliberately prevent such contact by the father, unless the father consents to the move.
Am I able to leave the country with my children?
Leaving and removing a child without the consent of the other party amounts to child abduction.
This is a very sensitive situation, particularly when a mother wishes to flee this jurisdiction to avoid the application of the local UAE law. Even your home country is likely to return abducted children to their country of residence.
If either parent has concerns that their permission will not be sought for travel they can obtain a ‘travel ban’ preventing the child from any travel out of the UAE. In such situations it is prudent to speak to a lawyer about the arrangements and safeguards that can be put in place if you feel there is a potential risk of child abduction arising.
As a wife getting divorced in Dubai, what are my rights?
Under UAE Law, the male is 100 per cent responsible for the financial support of his children. As this would naturally include accommodation, which is a significant financial obligation, he would by default also be paying for the housing of his ex-wife, since the mother has custody. Many ex-wives with children find that this aspect provides a tremendous financial relief.
Conversely, this means that there is a great deal of weight on fathers going through a divorce because they are 100 per cent responsible for support as soon as there are children involved. This creates both a financial and mental battle for the father, especially for those who are not familiar with the cultural intricacies of Sharia law in a family breakdown.
On the other hand, there is no allocation for ongoing spousal support compensation, and this is often challenging, especially for wives with no children, who essentially get very little financial support. The financial support for the wife herself is limited to what is known as iddah period, which is a three-month period during which the wife cannot get remarried. During this period, the wife would get financial compensation from her husband, being a monthly lump sum amount. In addition, if a wife initiates a divorce, the court may rule that she has given up her right to the three-month iddah support.
Each client’s situation is unique in some way – we work with a range of clients with varying circumstances. This diversified experience has allowed us to develop in depth knowledge of the various concerns and uncertainties that expats may have when it comes to getting a divorce while living in Dubai.
Read more; Marriage procedures in UAE
------------------------------------------------
Indian passport renewal online form filling, Certificate attestation, PRO Service and Translation. Call: 04-3586215, +971-55-9105757 or mail your queries to visaprocess.ae@gmail.com
------------------------------------------------
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+ Management Skills Placement Test for Consulting License in Dubai
+ Employer should bear Health Insurance Cost in UAE
+ DHA licence of expats won’t be cancelled on their exit
+ Bahrain Tourist Visa
+ Marriage Solemnization at Indian Consulate
+ Tips to avoid job scams and Fakes Certificates
+ How to settle UAE bank loan from outside the country?
+ Two year 'Visiting Doctor's Licence' in Dubai
+ Qualifications to be a teacher in UAE
+ Good conduct certificate must for teachers in UAE
+ Top 10 Passports in the World, UAE passport ranked the most powerful
+ Driving License Validation Letter from RTA (Dubai)
+ No need driver's licence test for drivers from these countries
+ Verify your Dubai Visa before travel
+ Verify your Abu Dhabi Visa before travel
+ UAE Alcohol Law
+ Death Cases and formalities at different departments in Dubai
+ Saudi Arabia reduces visa fee for Pakistanis
+ Death Cases and formalities at different departments in Saudi Arabia (KSA)
+ Duel Citizenship option in European Countries
+ Visa-free European travel destinations from UAE
+ Tourist Destinations in Abu Dhabi
+ Tourist Destinations in Sharjah
+ Dubai Investments Park (DIP)
+ About Dubai & United Arab Emirates
+ Dubai Government Departments and Online Links
+ How to report a food poisoning case in Dubai?
+ Philippines begins issuing 10-year passports
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+ Embassies & Consulates, Dubai & Abu Dhabi - UAE
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