Divorce in UAE is governed by UAE law/sharia law. There are different methods and jurisdiction to be considered for Muslims and non-Muslims when applying for a divorce in UAE. In this article we highlight the basic procedures for divorce followed as per UAE laws.
Methods of Divorce
- For Muslim:
The husband or wife has to write or say, ‘Talaq’ (I divorce you in Arabic) in the presence of a witness. For a divorce to be legally recognized it should be registered in the court for any documentary evidence to have relied on in future.
- For Non-Muslim
File an application for divorce in the court. After filing a divorce case the parties to the dispute will be referred to Family Guidance Center for reconciliation. If they fail to settle the dispute the case is referred to the Court of First Instance.
Types of divorce in Sharia Law:
- Revocable: The parties will be allowed to maintain a valid marriage until the conclusion of the waiting period of 3 months.
- Irrevocable: The marriage ends as soon as the divorce has happened.
Valid reasons for divorce include:
- Divorce due to defects
- Divorce due to deceit
- Nonpayment of dowry
- Harm or dispute
- Lack of financial support
- Divorce due to the absence of one party
- Divorce due to desertion.
Procedure to file Divorce:
- Filling the case
When a couple decides to divorce the first step is to File a complaint under Personal Status Courts.
- Attend the Counselling
Court gives the date to attend the counselling under the Family Guidance Center. The purpose of Family Guidance Committee is to reconcile the dispute between the parties before separating them. The counsellors in the Family Guidance Committee are not legally trained but have experience in Mediation. They meet both the parties and if they feel there cannot be any conciliation then the matter is referred to court.
- Amicable settlement
Amicable divorces are concluded at this stage. Parties will need to draft a settlement on parties mutual understand on this stage.
- Referred to court
If one of the parties or both of them insist for divorce then the case will be referred before the court to conclude their divorce.
The court will consider the standard of living of the child experienced during the marriage to determine the appropriate level of child custody. Below mentioned are few child maintenance expenses claimed by wife:
- Medical expenses
- Rent of housing
- Career allowance, this figure depends on the husband’s income.
If you want to divorce in Dubai then meet our team at HHS Lawyers in Dubai who also have an expert team of family lawyers in Dubai dealing with family matters and divorce lawyers handling cases under Sharia Law. We work tirelessly and in an expert manner to secure the best possible outcome on our client’s behalf.