Introduction
Navigating the intricacies of divorce in the United Arab Emirates requires a thorough understanding of the legal landscape, especially for expatriate couples. Whether Muslim or non- Muslim, the process involves distinct steps and considerations. In this comprehensive guide, we unravel the steps involved in filing for divorce in the UAE, shedding light on the nuances of the legal system that impact the lives of those seeking to end their marriage in this diverse and dynamic country.
Steps for Filing a Divorce in the UAE
Divorce proceedings in the UAE involve a structured process that begins with the registration of the case. Here’s a step-by-step guide to help navigate through the complexities of divorce in the UAE.
Step 1: Case Registration Initiate the divorce process by registering the case at the Family
Guidance Section in the respective judicial department of one of the emirates. This step can be initiated by either party.
Step 2: Conciliatory Procedure
Upon case registration, a court-appointed conciliator intervenes to reconcile the divorcing parties. This mandatory procedure allows parties to express their concerns related to the marriage in the absence of legal representatives.
Step 3: Amicable Resolutions
Amicable divorces can be concluded during the conciliatory stage. Parties, with the guidance of the conciliator, draft a settlement based on mutual understanding. The signed settlement doesn’t necessarily adhere to UAE law and can facilitate a smoother divorce process.
Step 4: Referral to Court
If reconciliation efforts fail and one or both parties are determined about the divorce, the conciliator issues a referral letter. This letter permits the claimant to proceed before the court to conclude the divorce case. It must be submitted to the court within three months from the date of issue.
Step 5: Court Proceedings
Once in court, the divorce case falls under the court’s discretion. Each party must provide evidence to support their claims and defenses. The court evaluates the particulars of the case, and the divorce process progresses accordingly.
Divorce Laws for Muslim Couples
For Muslim couples, especially if both spouses are Muslims and residents in the UAE, Sharia/UAE law is likely to be applied to their divorce. In Dubai, the process begins with registering the case at the Moral and Family Guidance Section of the Dubai Courts. Attempts to reconcile divorcing parties will be made with the guidance of an appointed counselor. If both parties are adamant about the divorce, then the case is forwarded to the courts. Situations when one desires to reconcile while the other doesn’t will still end up being forwarded to the courts.
Divorce Laws for Non-Muslim Couples
Non-Muslim expatriate residents have the option to file for divorce in their home country or apply for divorce in the UAE. If they prefer the law of their home country, they can petition for it before the court, as stipulated by Article 1 of Federal Law No 28 of 2005.
Children’s Custody: The custody and guardianship of children are addressed under Federal Law No 28 of 2005 & Latest laws applicable. The biological mother is the custodian, responsible for day-to-day care, while the father is the guardian, responsible for financial support. Custody and guardianship are separate, with the court prioritizing the best interests of the child.
Ending Custody Period: Article 156 of the law states that custody under the mother ends when the son reaches 11 and the daughter reaches 13. The father, being the guardian, can claim custody thereafter.
Qualifications for Custodians: Custodians must be rational, mature, honest, able to care for the child, free from infectious disease, and not sentenced for a crime of ‘honour’. Additional requirements apply if the custodian is the mother or the father.
Travel Bans: A custodian cannot travel with the child without the guardian’s approval, and vice versa. Travel bans can be obtained to prevent unauthorized travel, and disputes can be referred to a judge for resolution.
Time Taken for Divorce: The duration for finalizing a divorce in the UAE varies based on the complexity of the case. On average, it can take three to six months, sometimes more, depending on the intricacies involved. Parties should be prepared for a process that demands careful consideration and, in some cases, patience. Seeking legal advice is crucial to ensure a smooth and fair divorce procedure within the stipulated time frame.
Conclusion
Ending a marriage, especially in a foreign land, involves a nuanced legal journey. As we conclude this guide, it’s essential to recognize that the path to divorce in the UAE is shaped by the unique circumstances of each case. Whether influenced by Sharia law or the personal laws of the home country, the complexities demand a well-informed and patient approach. Seeking professional legal advice is not just a recommendation but a fundamental step to ensure a fair and expedient resolution for those traversing the challenging terrain of divorce in the UAE. To get professional legal help contact us at help@daralhaqooq.com.
