Depending on the specifics of the situation, a divorce in the UAE can become a complex case. There are different regulations for Muslim and non-Muslim residents, and also for expats.
UAE divorce law also depends on the regulations in particular Emirate, for instance, Abu Dhabi has different proceedings. In this article, you'll find information on the general aspects and standard divorce proceedings, along with custody and property issues, costs, and visa-related separations.
Overview of Divorce in the UAE
Overall, the divorce proceedings in the UAE can be divided into several steps. One party registers a case with the Family Guidance Section. After that, the reconciliation period begins. During this period, the counselor attempts to reconcile the family.
The next step is mitigation, where issues such as custody and joint property are addressed within the realm of family law. If both parties agree, the case goes to court. The court will automatically finalize the divorce. However, if there is no agreement reached, the case goes to court for hearings.
It is important to note that there is a distinct difference between proceedings for Muslim and non-Muslim marriages. Non-Muslim divorces are handled by civil law or home country law (if one or both parties are expats). The main difference is that, under civil law, no-fault divorce is possible.
However, Muslim divorces are governed by Sharia-based law, which means that there have to be grounds for a divorce claim. Also, there has to be evidence to support the fault claim.
Overall, the process can become quite complex based on religion, children of a certain age, fault evidence, joint property, etc. It is always better to seek reliable Dubai divorce legal services to ensure the best possible outcome. Professional lawyers know all aspects of the process and how to prepare the case for the court.
Grounds for Divorce in the UAE
As mentioned above, the grounds for divorce apply to Muslim couples (or if a husband is Muslim). Non-Muslim divorces do not require a fault to be proven.
According to the Sharia-based family law, there are several causes for divorce accepted by the UAE court, namely:
Adultery (which is criminally punishable).
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Abuse (including physical, emotional, sexual, and psychological).
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Desertion (if a party abandons the family for over four months upon another party's request).
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Financial neglect on the part of a husband.
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Imprisonment (a wife can ask for a divorce if her husband has been imprisoned for over three years and has served at least one year in prison).
Based on the family law, the fault must be proven with evidence. Those could be in the form of video or audio recordings, photographs, witness testimony, medical records, or other documents.
Divorce Process in the UAE
Expats can ask for a divorce procedure according to their home country's law. Residents must follow the UAE divorce regulations. It all starts with the registration of the claim with a relevant judicial institution of the Family Guidance Section. After the follow-up reconciliation period, mediation, court hearings, and the final verdict.
Now, let's go over each step in more detail.
Key Steps Explained
Step 1: Filing the case. One of the spouses files the case with the relevant juridical authority. The required documents are a passport, a marriage certificate, an Emirates ID, and Arabic translations.
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Step 2: Mediation and attempts at reconciliation. The Family Guidance Section will try to reconcile the parties. If the reconciliation is not possible, the mediation starts.
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Step 3: Court hearings and judgments. If the settlement was made during mediation, the court will automatically finalize the divorce. However, if disputes arise, hearings will be held to resolve them.
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Step 4: Final decree and post-judgment procedures. Based on the evidence presented, the court will come to a final decree on custody, property, or joint finances. The decree must be officially registered so that the divorce is final.
Cost of Divorce in the UAE
The costs of the proceedings depend on the complexity of the case, the extent of legal involvement, its duration, and the nature of the court proceedings. Overall, it can come up to AED 8,000-25,000 with an amicable divorce. In other cases, the costs can go much higher.
The typical costs include registration fees, which vary in amount. There are also legal fees, which depend on several factors. Additionally, all documents must be translated into Arabic, which increases the costs. Court proceedings are not cheap either.
In case of complex cases and appeals, the costs can go over AED 50,000.
Children and Custody in Divorce Cases
The custody cases are also handled differently based on religion. Non-Muslim divorces are governed by the Federal Decree Law No.41 of 2022 (No.14 of 2021 in Abu Dhabi). In the vast majority of cases, it means joint custody. Alternatively, expat divorces can be handled based on the legislation of the country of origin.
Muslim divorces are governed by Sharia-based legislation. In these cases, the mother is usually a physical custodian while the father remains a legal guardian (provides financial support and is responsible for travel, education, and major life events of a child).
Muslim fathers can claim physical custody when children reach a specific age - 11 years for boys and 13 years for girls. Overall, the court always acts in the child's best interests, which is a core principle of the UAE family legislation.
Property Division and Financial Support
In the case of property issues, the main principle is whether the assets are held individually or jointly. All the individually held assets remain with the owner. So, husband and wife each stay in possession of their individual assets.
However, if there are joint assets, it can be a case for a dispute. They are divided under the civil law regulations. Please note that in Abu Dhabi, there is no automatic 50/50 regulation on the division of joint assets.
Based on the Federal Decree No.41, a wife can apply for financial support (alimony), applicable to non-Muslim families. In such a situation, the court will evaluate the longevity of the marriage, the age of the wife, the financial status of the spouses, the moral or physical damage suffered by the wife, and the parties' contributions to the marriage.
Muslim divorces often involve temporary alimony from the husband to the wife and children during the divorce. The court also may order the husband to cover the housing and living costs of the wife during the Iddah (reconciliation period). If the husband initiates the divorce without the wife's fault and the marriage was consummated, the wife may be eligible for divorce compensation.
Visa and Residency After Divorce
Typically, if a spouse was a visa's sponsor, the visa will be canceled upon the divorce. However, a woman can apply for a one-year extension of their residency. It is a reasonable period to adjust to new terms, find employment, or depart to the country of origin.
In such a case, children depend on the mother's visa. Thus, they are not tied to another spouse's sponsorship. It is essential to mention that during the custody disputes, the court will most likely apply a travel ban.
Alternatives to Divorce in the UAE
The reconciliation period is a mandatory time for both parties to reevaluate their decision and try to come to a mutual agreement. Muslim men can also marry up to four wives as long as they can financially provide for all of them.
Since 2023, the UAE has introduced civil marriage and divorce procedures. In such a case, the civil contract defines the rights and obligations of each party. No-fault divorce is also a valuable option, as it is handled under the New Civil Family Law.
If reconciliation is impossible and there has to be legal separation, it is always better to try to come to a mutual settlement before the court. However, if none of those steps work, seek professional legal help to ensure the desired outcome of disputes.
