This sizeable number can be attributed to various causes that include financial tension, infidelity, religious or cultural disagreements, lack of communication between spouses, and many others.
However, irrespective of the reasons, if you have tried all amiable methods to resolve the difference between your spouse and still failed, then separation seems to be the only way out. When divorce is the only solution, you have to adopt it. Well, if you are trying for a divorce you have to do it legally and make it official. Also, do not forget to hire a good divorce lawyer in Dubai.
Anyway, here’s a guide to help you officially get a divorce in Dubai. We will give you an idea about the processes involved in divorce cases in Dubai.
Know about the Eligibilities Required to file a divorce
For Non-muslim couples
If you are a foreigner living in UAE, you will be able to file for a divorce if the following criteria are fulfilled:
- You should be a resident of the UAE
- You can get a divorce in your home country as well, but as per the laws of your country
- Even though the application of divorce happened in UAE, the marriage rules followed will be that of the ex-pats’ country.
So, if both the parties apply the marriage laws of their home country for the divorce procedures, then under Article 1 of the Federal Law No 28 of 2005 for Personal Affairs, they must avail of it in the UAE court.
But if you and your spouse belong to different countries, then there will be some complications involved in the proceedings, simply because of the fact that the divorce laws of one country might differ from that of another.
However, you, as one of the ex-pat couple can file for divorce with respect to the divorce laws of the UAE. When the court is summoned to decide on the divorce case, both the spouses should follow the Sharia law and not their home country.
Nevertheless, the outcome will depend. Sometimes, couples request an appeal, asking for another session where they could discuss finance and other involved aspects. This is why we recommend you to always seek the help of a licensed and experienced family lawyer in Dubai.
For Muslim Couples
Sharia law will guide the divorce proceedings if a Muslim couple has filed a divorce. In fact, even if one of the spouses is non-muslim, the Sharia law will be followed.
These were the main eligibility criteria for filing a divorce case, but do consult a lawyer in Dubai to know every minute detail, so that you can make informed decisions.
What are the processes involved in filing a divorce?
Here’s taking a look into the procedures involved while filing a divorce:
- Consult a divorce lawyer in Dubai to get proper legal advice
- After you get the assistance of the advocate in Dubai, you or your spouse can go ahead and register the case at the Moral and Family Guidance Section in the local judicial department.
- You will have to participate in a mandatory session wherein a conciliator appointed by the court will try to sort out the differences between you and your spouse.
- If the couple is still adamant about moving further with the divorce, then the conciliator will provide them a referral letter. The letter contains the permission to proceed with the divorce and states the need for an official separation. You must submit the letter to the UAE court within three months of the issue date.
- Once the case is taken further to the court, both the parties are required to provide evidence that supports their claims/reasons for divorce or defend themselves against any claim.
- Both the spouses should clearly discuss their post-divorce requirements with their respective lawyers in Dubai. This could include issues concerning financial assets, child custody, pets, etc.
- The couples ought to get a settlement drafted in which they agree to the outcomes of the divorce.
- The Judge of the court must be convinced about the divorce and the inability of the marriage to work. The couple will then be separated as per the laws.
Winding Up
Before concluding, here is advice. We did mention it before but would like to stress it further. Getting a divorce involves several procedures and so it is important to seek the help of lawyers in Dubai at every stage. This will help you avoid any complications and make proper decisions. That is not all, your lawyer will be able to explain in detail the legalities involved in every step of the case, helping you become better informed. However when you hire a divorce or family lawyer in Dubai, make sure that he/she is licensed, skilled, and experienced.
