Divorce is a growing trend throughout the world, and the UAE is no exception. Divorce rates in the UAE are amongst the highest in the region, according to a UAE official portal. Several factors contribute to this trend, including marital infidelity, poor communication, job loss or financial strain, social media, religious and cultural differences, other ways of thinking about marriage, generational change, and unrealistic expectations.
UAE LAW
The UAE’s ‘Federal Decree Law No 41 of 2022 on Civil Personal Status for Non-Muslims’ regulates family affairs of non-Muslim residents. It also provides non-Muslim residents the option to follow the laws of their home country or select alternative personal status laws in effect in the UAE over the provisions of this Decree Law. Additionally, getting one can be much quicker and simpler than at home, which is why many expats choose to file for divorce there, rather than in their home country.
Getting Divorce
Getting divorced in the UAE is relatively easy. The Personal Status Court deals with both Emiratis and expats and can issue a divorce certificate in as little as a month. The process is usually straightforward and involves counseling, settlements, and court appearances. The process of getting a divorce in the UAE can differ between Muslims and non-Muslims. It is important to remember that Sharia Law applies to all divorces in the UAE.
There are several considerations when it comes to how to get divorced in the UAE. Perhaps one of the most important is why the couple is initiating the divorce. Whatever the reason, you will need to meet certain requirements. While there is no required period of separation, the couple must be resident in the UAE for at least six months before filing for divorce. Additionally, a person of any religion or nationality can request a divorce.
In cases where both parties cannot come to an agreement, the divorce will have to proceed through the UAE’s court system. In this situation – called a contested divorce – the party initiating the divorce will have to present a reason and prove it.
There are many reasons why a couple may choose to end their marriage. In the UAE, some of the most common reasons include religious and cultural differences, loss of a job, and a lack of communication. However, these do not, in and of themselves, constitute legal grounds for divorce. Nevertheless, there are several legal grounds for divorce, including things like mental incapacity, disability, and non-payment of dowry. It is important to note that your reason for divorce can have unintended consequences. For example, while adultery does provide legal grounds for getting a divorce in the UAE, it is also a criminal offense. In this instance, the alleged adulterer could be subject to prosecution or deportation after the divorce. Because of this, most lawyers encourage their clients to reach an amicable settlement; when this happens, the parties don’t have to name and prove grounds for divorce.
Steps for filing a divorce
The first step is to register the case by either party at the Family Guidance Section at the respective judicial department, in one of the emirates. A court appointed conciliator will try to reconcile the divorcing parties.
The conciliatory procedure is a mandatory process of divorce proceedings in the UAE. Parties are allowed to raise their concerns pertaining to the marriage in the absence of their respective legal representatives. Amicable divorces can be concluded at this stage. Parties will need to draft a settlement based on the parties’ mutual understanding and sign it before the conciliator. If one of the parties or both of them are determined about the divorce, then the conciliator will provide the claimant with a referral letter, permitting them to proceed before the court to conclude their divorce case.
The letter can be submitted to court at any time within three months from the date of issue. Once in court, the particulars of the divorce case fall at the court’s discretion and each party has to provide evidence to support own claims against one another as well as in their own defense.
For Muslim couples
Islamic marriages are governed by the Sharia law. If both husband and wife are Muslims and residents in the UAE, Sharia/UAE law will most likely be applied to their divorce. The same is likely if the husband is a Muslim and the woman a non-Muslim.
For non-Muslim couples
Non-Muslim expatriate residents can file for divorce in their home country (domicile) or apply for divorce in the UAE.
If the parties wish to have the law of their home country applied, they may petition for this before the court. Article 1 of the Federal Law No 28 of 2005 for Personal Affairs, as amended states: 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. This means that relevant parties may ask to apply their own laws to personal status matters.
It also provides: The law of the state of which the husband is a national at the time the marriage is contracted shall apply to the effects on personal status and the effects with regards to property resulting from contracting of the marriage.
Whenever the law of the parties’ home country fails to cover an aspect of the divorce procedure, the courts hold discretion to apply the UAE law.
