In the UAE, divorce is regulated by a blend of federal laws and Sharia principles. While the Sharia Law applies to family matters concerning spouses who are Muslims (or the husband is a Muslim), Article 1 of the Civil Personal Status Law permits non-Muslim residents to request the Courts apply their home country’s laws. However, there are procedural prerequisites to be followed when requesting such an application. This includes the requirement of submitting legally translated and attested copies of the relevant laws to the Courts for consideration.
Grounds of Divorce
Causes/reasons must be attributed concerning the petition for dissolution of marriage of Muslim couples. This can include (i) mutual agreement of the parties; (ii) the spouse’s incurable defects that were not disclosed at the time of marriage; (iii) serious misrepresentation or dishonesty; (iv) spousal abandonment; (v) lack of financial support from husband; (vi) emotional or physical suffering; or (vii) where spouse has been sentenced to a prison sentence of more than three years.
With regard to non-Muslim couples, the Civil Personal Status Law permits no-fault divorce, where either spouse may apply to the courts for divorce without having to specify the reason for seeking the dissolution of marriage.
Process
Regardless of whether it is a mutual divorce or contested divorce, either spouse can commence the procedures by filing a divorce petition at the Family Guidance Section within the judicial department of the applicable Emirate. The petitioner(s) must also provide legally translated copies of the necessary documentation. In the event of a contested divorce, the other spouse will be formally informed about the petition.
Following the filing of the petition and notification of the other spouse (in contested cases), the couple will engage in a conciliation process facilitated by a Court-appointed conciliator. If reconciliation is achieved, the conciliator will issue a conciliation report to be signed by the couple and approved by the Court.
Should reconciliation efforts prove unsuccessful and the couple mutually agree to divorce, the couple can draft a settlement agreement reflecting their mutual understanding and sign it before the conciliator, thereby finalizing the divorce.
In cases where a mutual agreement for reconciliation or divorce is not reached, the conciliator will issue a referral letter, enabling the spouse seeking divorce to present the letter to the Court within the specified timeframe for the conclusion of the divorce petition. The Court will then review the details of the petition, including the grounds for divorce, and render a decision. At this stage, the couple will be required to provide evidence supporting their defense and counter-claims.
Appeal Period – Either party may appeal the Court decision to grant divorce within 30 days from the date the decision was rendered.
Navigating the divorce process in the UAE can be complex, requiring legal expertise and documentation to support your case. This is particularly crucial in instances involving the custody of minor children, which hold substantial weight in divorce proceedings.
Divorce is a significant life event often accompanied by complexity and emotional challenges. Seeking legal guidance can assist individuals in comprehending the legal procedures and making informed decisions regarding asset division, child custody, and maintenance.
