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Divorce Procedure By Mutual Consent

The process for divorce is governed by UAE law or by the laws of the individuals’ home country. If the parties belong to different countries, the law applicable is the one from where the marriage was first solemnized. Divorce by mutual consent in Dubai is very straight forward and a quick process were both the parties amicably agree to part their ways without involving in any disagreement.

Divorce by Mutual Consent

A couple may a divorce by mutual consent in Personal Status Courts located in any Emirate. The process to file a divorce by mutual consent includes:

  • Filing a Case – Both the couple contesting for divorce may first file a case in the courts and also submit valid reason for seeking divorce in UAE.
  • Attending Counselling Session – Once the divorce has been filed by either party the matter is then filled by reconciliation to ascertain if an amicable settlement can be reached. If a reconciliation or settlement is reached, it will be noted in a report, which is signed by the officer, the parties and a judge. If a settlement is not reached the officer will give the applicant written permission to pursue their case through the courts if a settlement. The applicant will then further proceed to court with the divorce proceedings.
  • Approval of Divorce After the Agreement between Parties – If after the conciliation session it is found that both the parties to the divorce agree with the terms of reconciliation, they can proceed whither further procedures.
  • Couple to be Presented in the Court – A date has to be fixed of presented to the court for further procedures. both the couples have to attend the proceeding of divorce.
  • Issue of Divorce – If both the parties agreed to the judgment given by the court then the court will issue the divorce after considering all the reasons to be valid for seeking divorce.
  • Attestation of Divorce Certificate – Once received the divorce certificate it is very important to get it attested to make it valid in the country were the divorce is granted.

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Time Required

Mutual consent divorce in UAE can be secured as quick as one month from any Personal Status Courts located in all seven emirates.

Validity of Divorce by Mutual Consent in Other Countries.

Validity of divorce by mutual consent under Personal Status law is valid in any foreign country.

In some countries, the decisions of the foreign country can be valid if they were followed by the due procedures of law. So, a divorce granted by the court in UAE can be legally binding if it was obtained by following the proper procedures in the UAE.

Financial Outcome on Divorce for Expats

  • Financial outcome may vary depending upon the were the divorce is initiated. The court may give consideration to the division of capital and pensions and sharing of future income. For example, under UAE law each party simple retains the assets and the property held in their names.
  • Where the assets are valuable and located in multiple jurisdictions then seek advice from an experienced lawyer to decide the division of such assets.
  • Wife may also claim damages in case she has been subjected to any mental damages as a result of the divorce.

Non Validity Divorce.

if he divorces is a case for contested divorce, non-Muslims are advised only to apply on the laws under which they are married while applying for the divorce. When non-Muslim are not intending to apply laws under which they are married, such divorces granted by foreign courts may not be valid in India. The parties seeking to get married should to be present or should be represented by a legal counsel. Anyone of the people regarding divorce is absent and does not agree to accept the jurisdiction of the UAE Personal Status Court, the divorce granted by UAE Personal Status Court will be ex parted judgment. Such divorce is valid in the UAE, however, ex parted divorce judgments granted by foreign courts may be challenged in India.

Laws for Muslim Couples

Islamic marriages are governed by the Sharia law. If both the couples belong to Muslim religion and residents in the UAE, Sharia/UAE law is applied to their divorce. The same is also the case where one of the couples is a Muslim and the other a non-Muslim.

Laws for non-Muslim couples

Expatriate can file a divorce in the UAE, the parties may apply the laws of the home country applied, they may petition for this before the court. The relevant parties may ask to apply their own laws to personal status matters.

Divorce lawyers in the UAE

It is very important to seek a legal advice if you are looking for a pain free and amicable divorce. Contact HHS lawyers for further consultation regarding divorce by mutual consent.

M. Al Khairy, LL.B. is a Senior Partner of HHS Lawyers in UAE. Practicing law for almost a decade, he has in-depth knowledge on UAE legislation with particular expertise on legal drafting, contract drafting, labor disputes, family law, and regulatory compliance for business organizations. Al Khairy also provides counsel on legal rights and obligations in the UAE to clients, including individuals and businesses subject to investigation or prosecution under Criminal Law by major regulators. Read more