A guide on how to file divorce in the UAE
Going through a divorce can be a traumatic experience. While there is emotional baggage, there are certain practicalities that one has to deal with. If one or both parties are unaware of the legalities of filing for a divorce, things can get complicated. With the intent of helping individuals in such a situation, here’s the complete process of how to file divorce in the UAE.
HOW TO FILE FOR A DIVORCE IN THE UAE
Getting a divorce in the UAE depends upon the conciliatory process that enables an amicable parting of ways where both parties fully agree upon the divorce.
Here is how to apply for divorce in the UAE:
- To submit a divorce petition, either individual in the relationship must register the case with the Family Guidance section in any of the emirates.
- The couple must submit proof of marriage, i.e., a copy of the marriage certificate, passport and Emirates ID. This will initiate the counselling process to assess the separation’s needs. The idea is to ensure that divorce is the right path for them.
- The counsellor or a licenced family lawyer requests several sessions to bring both parties in sync on all matters regarding the separation. The whole process cannot exceed more than three months.
- Once the counsellor has established mutual consent in matters of child custody, the separation of assets, and the rights of both members post-divorce, an agreement is drafted, and the counsellor sets the final date for a hearing before a judge.
- The prepared agreement is submitted and filed by the counsellor in the Personal Status Court. It is translated into Arabic if it is submitted in any other language.
- Since there is agreement from both sides, the case goes directly to the Enforcement Court, ensuring both parties follow the judgment.
The following process is adopted if both parties cannot agree upon a settlement.
- The couple is presented before the judge of a First Instance Court (on the appointed date), who observes the agreement provided by the counsellor and passes judgment on the matter. This can include offers and counteroffers by the two parties, and the process can continue for as long as the judge deems necessary.
- You can hire a lawyer for the proceedings, although it is not mandatory. Arabic is the official language in court, but a translator is provided.
- The couple is given a divorce certificate once the judge issues a divorce order.
- Either party has 28 days to appeal the judgment.
- Next, the case goes to the Enforcement Court, whose job is to ensure the order’s implementation.
- A divorce certificate, once received by the court, must be submitted to the Department of Justice. In the case of non-Emirati-nationals, it must also be submitted to the Ministry of Foreign Affairs (MOFA) and the respective consulate of the couple.
- Following the issuance of a divorce certificate, there is no option for reconciliation. If a couple wishes to get back together after receiving a certificate of divorce, they will be required to remarry, as the certificate cannot be reversed.
FEE TO REGISTER THE DIVORCE CASE IN THE UAE
Divorce proceedings for Emirati and Non-Emirati nationals can vary as papers are submitted to different departments in each case.
- The charges for initiating a divorce filing and securing a divorce certificate are around AED 500.
- The certificate attestation with the Ministry of Justice, Foreign Affairs and Consulates can cost up to AED 1,200. It varies based on the consulate of the couple’s home country.
- All the costs mentioned above exclude legal fees.
Please note that the charges to register a divorce case may vary.
UAE DIVORCE LAWS FOR COUPLES
FOR MUSLIM COUPLES
Sharia Law on divorce in the UAE is mandatory for Muslim couples. The UAE Sharia Law will be applied in the following proceedings:
- If both individuals in the relationship are Muslim.
- If the husband is Muslim and the wife is a Non-Muslim resident of the UAE.
FOR NON-MUSLIM COUPLES
Non-Muslim expatriates can file a divorce case in the UAE. Divorce law is set in place, and expats must comply when applying for separation in the country.
Article 1 of the Federal Law No 28 of 2005 for Personal Affairs states,
The provisions of this law shall apply on citizens of the United Arab Emirates State unless non-Muslims among them have special provisions applicable to their community or confession. They shall equally apply to non-citizens unless one of them asks for the application of his law.
According to the law, the parties must apply for the non-citizens’ law of the UAE unless they request the law of their homeland.
”The law of the state of which the husband is a national at the time the marriage is contracted shall apply to the effects on personal status and the effects with regards to property resulting from contracting of the marriage.”
This means individuals have the right to request the application of their own country’s laws in personal matters. If the home country’s law does not cover all the aspects of the divorce, the couple must abide by UAE laws.
DIVORCE LAWS IN ABU DHABI FOR NON-MUSLIM EXPATS
In November 2021, H.H (Late) Sheikh Khalifa bin Zayed bin Sultan Al Nahyan (may he forever rest in peace) launched a new law to ensure a smooth, flexible judicial mechanism for Non-Muslims. As per the new divorce law in the UAE, expat spouses can seek divorce without having to justify the reasons for separation.
- Divorce will be given at the first hearing without any intervention from the family guidance department.
- Divorcing couples are also not required to undergo mandatory counselling sessions.
- All the divorce proceedings will be in Arabic and English to ensure foreigners can fully understand them.
ALIMONY
Alimony and requests after divorce can be submitted via a post-divorce form. It will be decided based on the following factors:
- Length of the marriage.
- Age of wife.
- The financial status of both parties.
- Alimony will be forfeited when and if the wife marries again.
- It will be renegotiated yearly.
JOINT CUSTODY
- Both parents will equally share custody of the children to prevent psychological damage.
- If a dispute occurs over custody, the court will intervene and decide what’s in the child’s best interests.
INHERITANCE
- The individual has a right to transfer his inheritance to whomever they wish, given that they mention so in their will.
- In the absence of a will, the spouse of a deceased individual will get half of the inheritance, whereas the other half will be equally given to their children.
- If the deceased individual has no children, his inheritance will be given to his parents or split between the deceased’s siblings or a surviving parent.
- Non-Muslims must register their wills at the time of signing the marriage certificate.
PROOF OF PATERNITY
Non-Muslim fathers will have to prove their paternity based on marriage.
CHILD CUSTODY IN MUTUAL DIVORCE
According to Federal Law No 28 of 2005 for Personal Affairs, the biological mother is considered the Custodian, and the father will be the Guardian.
- The custodian’s role deals with the child’s day-to-day care until 11 years for males and 13 years for daughters and is usually awarded to mothers. The Custodian’s role does not interfere with the rights of the Guardian.
- In all cases, the father must pay for shelter, food, medical support, education and all other necessities.
- Custodian and Guardian are two distinct roles. They are addressed individually, as both parents are not required to share equal responsibilities for children in the UAE.
- In most divorce proceedings, the mother will be the Custodian while under the supervision of the Guardian, usually the father.
- To qualify as a Custodian in the eyes of the court, the individual must be:
- Rational
- Honest
- Mature
- Able to take care of the child
- Free of disease
- Not accused of a crime of ‘honour’
There are different conditions with regard to custodianship as well.
- A mother’s custodianship may be questioned if she doesn’t share the same religion as the child or decides to remarry. The court will make the final decision while considering the child’s welfare.
- A father must share the household with a female who can care for the child if he is granted custodianship. He must also have the same religion as the child.
FOR HOW LONG CAN A MOTHER CLAIM CUSTODY OF A CHILD?
A mother can claim extended custodianship:
- In the case of a male child, she can be the custodian until the child completes his education.
- For a female child, it can be until the child is married.
This request requires good school performance records and the child’s medical records.
WHEN CAN A FATHER CLAIM CUSTODY OF A CHILD?
The father can claim custody of the child if the mother remarries or doesn’t share the same religion as the child. Moreover, if the court decides it would be in the child’s best interest, the father can be given custody.
TRAVEL BANS
- A Guardian or Custodian cannot travel with the child without the other’s approval.
- Any case of departure from the country without the express permission of the other party can be construed as a case of child abduction in the eyes of the court.
- If either parent has any concerns, they can request the court to issue a travel ban for the child, preventing them from leaving the airport/country.
FAQS ABOUT GROUNDS FOR DIVORCE IN THE UAE AND MORE
WHAT IS THE DIFFERENCE BETWEEN ANNULMENT AND DIVORCE?
While both are legal procedures, the two have a major difference. Divorce is a declaration by both parties that they are seeking a separation from the marriage that existed. Alternatively, annulment is a claim by one or both parties that said marriage never technically existed.
HOW SOON CAN I GET A DIVORCE IN THE UAE?
Considering the complexity of the matter, it may take three to six months for you to get a divorce in the UAE.
CAN YOU GET MARRIED AS AN EXPAT IN DUBAI?
The UAE protects the legal rights of expats. Not only can expats get married in Dubai, but they can also attest their marriage certificates even if they got married outside the UAE. You can check our guide to MoFAIC attestation in the UAE to learn more.
CAN A WOMAN FILE FOR DIVORCE IN THE UAE?
Yes, the UAE law allows women to file for divorce in the UAE. The process is the same as stated above. The woman can ask for reimbursement of her backdated expenses for up to three years if the husband has not provided for her basic needs during the marriage. Under UAE law, these needs include paying for accommodation, food, clothing, medical treatments and a domestic helper.
WHAT IS THE PROCESS TO APPLY FOR DIVORCE IN THE UAE (DUBAI) FOR INDIAN EXPATS?
Indian expats can get a divorce in the UAE if one or both spouses are UAE residents. They can file for a divorce under Article 1 (2) of the Federal Law No 28 of 2005 for Personal Affairs of the UAE and the Indian Civil Procedure Code of 1908 (the ‘Civil Procedure Code of India’).
Indian expats must follow these steps to file for a divorce in Dubai.
- Spouses can sign up on the Dubai Court‘s web portal or apply via Dubai Court’s typing centre.
- In the case of Muslim couples, the Family Guidance Centre of the Personal Status Court will contact the couple through email or telephone to organise a counselling session with the respective parties to understand their differences or reconcile those differences, if possible.
- If the couple doesn’t want to reconcile, the counsellor will ask both parties for settlement terms and refer the matter to a judge who will grant them a divorce if all conditions are met.
- In case of a non-mutual agreement on a divorce, the counsellor issues a letter to the applicants, asking them to approach the court directly and contest a divorce.
In the case of non-Muslim couples, they can obtain a divorce under the personal laws of India under which the marriage was registered.
That ends our guide on how to get a divorce in the UAE. For those who want to remarry after a divorce, there is also an option for court marriage in the UAE.
To learn more about fundamental laws in the country, read our guide to personal and family laws in the UAE.
