For expats who are looking to end their marriage while in the UAE, there are divorce laws that can be applicable to you. Note that divorce is never an easy task, no matter where you are in the world. It’s going to be challenging. But since divorce is legal in the UAE, you can seek the support of the system.
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You just need to be aware of the proper procedure so you can successfully file a divorce within the timeframe you planned. In this article, we will introduce you to different divorce laws in the country. Read on to learn more.
Reminders for those who will file a divorce in the UAE
Before you file a divorce in the UAE, it’s better to ask the help of a divorce lawyer. The reason is that courts have different rules in terms of a divorce. As an expat, you may use the law in your home country. If you and your spouse are from different countries, the procedure might be complicated since you have to consider the laws in both countries. There are also laws specific to divorce in the UAE. Having a divorce lawyer will save you from confusion. You can also decide on what’s better for you and your spouse.
For Non-Muslims
Now that you have an idea of how helpful it is to have a divorce lawyer, you can proceed to file a divorce. If you are an expat in the country, you and your spouse should be UAE residents and your application should follow the laws in your home country. If you decide to use the laws in your home country, you should then petition for this before the courts of the UAE.
Just in case both of you are from different countries and you are considering laws from both countries, a divorce lawyer can help you with the process. Divorce lawyers are professionals who can help you go through the process easier. Consider hiring one.
Expats can also consider filing divorce under the Sharia Law. If you opt for this option, you have to give up the laws in your home country and follow the procedure of the UAE courts.
For Muslims
In the UAE, Muslims follow Sharia Law. This is regardless of whether the couples are both Muslims, one is non-Muslim, and only one wants a separation.
Steps for filing a divorce in the UAE
To file for a divorce in the UAE, follow these steps:
- Register the case at the Family Guidance Section at the respective judicial department in any emirate in the UAE. This can be done by either of the two parties.
- The court will designate a conciliator to reconcile the parties. This is a required process in every divorce proceeding. You are allowed to raise your concern that pertains to your marriage even without legal representatives.
- After the reconciliation, amicable divorces can be concluded. Both of you will draft a settlement according to your mutual understanding. This should be signed before the conciliator.
- Once one or both of the parties agreed with the settlement, the claimant will get a referral letter from the conciliator. With this letter, both parties can proceed to the court to finalize the divorce case.
- The referral letter should be submitted within three months from the date it was issued. The court will decide about the case, and both parties need to provide evidence to support their claims against each other.
What happens to the children of the couple after a divorce?
The Federal Law No. 28 of 2005 for Personal Affairs states that the custodian of the child is the mother while the guardian is the father. Custody and guardianship are separate responsibilities, and both parents should handle these cases separately.
Per the law, custody involved daily care of the child without the interference of the guardian. The guardian which is the father is responsible for providing the financial needs of the child, including shelter, food, medical care, education, and other basic needs.
The law in the UAE always favors the best interest and safety of the child. Unless there’s a reason not to trust the mother, the child is always left in the physical custody of the mother while the father continues to be a guardian.
Also, according to Article 156 of Federal Law No. 28 of 2005 for Personal Affairs, the child (boy) should be under the custody of the mother until he reaches 11 while the child (girl) remains under her mother’s custody until 13 years of age. After that, the child decides if he/she wants to be with the mother or father.
In this case, the mother has the right to extend her custody until her daughter gets marries or her son finished his education. To do this, the mother should provide evidence that she is good with her children. Some examples of proof include the good performance of the children at school, good medical conditions of the children, etc.
Meanwhile, the father can claim the custody of his son if he thinks that it’s better to have him by his side because the child is becoming soft in nature. A father can teach the child to grow up more responsible.
While both the mother and the father have the rights, the court or judge will still decide what to do with the circumstance.
Final Thoughts
Marriage, divorce, and child custody are interrelated. If you plan on getting a divorce in the UAE, expect that you will have to go through the process of evaluating your marriage and the custody of your child. The process might take long but it’s all worth it after you finalize your divorce. Just make sure to follow the steps above so you won’t get lost during the process.
Also, remember that there will be fees when you file for divorce. The amount is going to significant considering the turnaround time of the procedure. Aside from preparing the evidence to support your claim against your spouse, be ready to pay for the divorce as well.
