With the growth of the expat community in the United Arab Emirates the rate of divorce has in parrell increased due to reasons which comes along with a metropolitan town. Divorce in the UAE can be a complicated process for an expat mostly due to the lack of knowledge of the local UAE Law.
Divorce in the UAE is governed by local UAE laws, Sharia Law or the application of the individuals’’ home laws. If the spouses are from different countries, the law of the country in which the marriage was solemnised will be considered by the court.
Divorce for Muslim Couples
Islamic marriages are governed by Sharia Law. If both parties are resident in the UAE, then most likely the Sharia Law will be applicable to the divorce. The parties initially must file for divorce at the Moral and Family Guidance Section of the Dubai Court.
Failing for any reconciliation between the parties, the case will be forwarded to the courts.
Divorce for Non- Muslim Couples
Since UAE is governed by Islamic Law principles, Non-Muslims can find this burdensome in many ways, especially when the divorce involves the custody of children or distribution of assets.
Non-Muslims can therefore opt to file divorce in their home country (domicile) or they can file a divorce in the UAE and apply the laws of their home country.
Article 1 of the Federal Law No. 28 of 2005 for Personal Affairsstates: 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.
Things to look for in a during a divorce proceeding.
When the spouses have finally decided to divorce after a tough period of emotion and stress. Seeking a Family Law expert is crucial to obtain the necessary guidance and legal recourse.
Our ProConsult Family Lawyers will assist you throughout the entire process of divorce. Once we retain our clients divorce matter, we consider several factors which are crucial for an easy flowing divorce process.
It is vital for the UAE Family Lawyers to consider a large number of factors during a divorce proceeding, especially in terms as to whether your client is seeking for custody of children, the distribution of assets entangled in the marriage, the cost involved for the divorce case and most vitally the expert knowledge of the court procedures and documentation which can majorly effect the smooth flow of the divorce process.