Mutual Consent Divorce
Going through a separation is an emotional battle to deal with, however, there are certain practicalities that one has to understand. Divorce by mutual consent in UAE is a quick procedure where both the parties, without having the need to engage in a conflict, agree to terms of separation and part their ways.
Irrespective of the nationality, a couple may divorce by mutual consent in Personal Status Courts located in any Emirate. This entire process shall be completed in 2 to 3 months after the initial filing of the case by your legal representative, provided all documents that require attestations and translations are timely submitted.
The Steps involved to file a divorce by mutual consent include:
- Settlement Agreement – A Settlement Agreement is drafted as per the terms and conditions decided and agreed upon by both Partners. While drafting a settlement agreement, it is important that issues related to finances, child custody, accommodation, school expenses, legal fees, passports, etc. are all covered. It is advisable to hire a lawyer to draft the settlement agreement or negotiate one. In the event there are some disagreements, a peaceful round of negotiation can take place.
- Filing and Registration – The legal representative of either partner should file a petition and register a case in the Family Guidance section of the Personal Status court. During this step, it is important to ensure all documents required are submitted on time to avoid any delay or rejection.
- Couple to be Presented in the Court –A date has to be fixed to be present before the court for both the Partners to attend the proceeding of divorce.
- Attending Counselling Session –Once the case is registered and all documents are approved, the Partners are invited for a Counselling session wherein an attempt for reconciliation or settlement is made. On reaching settlement or reconciliation, the same is documented and the Settlement Agreement is registered with the court, which will accordingly issue the divorce certificate.
- Attestation of Divorce Certificate –Once having received the divorce certificate, it is very important to get it attested to make it valid in the country where the divorce is granted.
As we mentioned earlier, while drafting a settlement agreement, it is important that issues related to finances, child custody, accommodation, school expenses, legal fees, passports, etc. are all covered. It is advisable to hire a lawyer to negotiate and draft the settlement agreement, and to handle all legal proceedings on your behalf.
Our Divorce Team provides unmatched legal expertise which ensures you get the solutions that you deserve. We take care of all the required documentations and proceedings and keep you thoroughly updated.
For any queries or services regarding your family matters in the UAE, you can contact us at (+971) 4 3298711 or send us an email on proconsult.familylaw@uaeahead.com or reach out to us via our Contact Form Page and our dedicated legal team will be happy to assist you. Also visit our website https://dubai-divorce-lawyer.com
Article by ProConsult Advocates & Legal Consultants the Leading Dubai Law Firm providing full legal services & legal representation in UAE courts