How to file a divorce in uae

If the couple enters into an amicable arrangement, then the reason will become irrelevant. It is important to note that in the UAE parents do not share equal parental responsibility like they would, for example, in England. However, the court here will always act in the best interests of the child. Usually the custody of the children remains with the mother until the children reach the age of puberty.

At that point the father has a right to make an application for custody to be transferred to him. If the transfer of custody to the father is disputed by the mother, then the court will make a decision based on the facts of the individual case and the best interests of the children.

As custodian the mother is responsible for the day-to-day care of the children. Read more: ' How parenthood makes or breaks expat marriages'. A guardian does have visitation rights to spend time with his children, and the Judge usually determines this to be one or two days a week, unless the parties agree otherwise in an amicable agreement. Therefore the mother as custodian of the children cannot usually permanently move to another country in order to deliberately prevent such contact by the father, unless the father consents to the move.

This is a very sensitive situation, particularly when a mother wishes to flee this jurisdiction to avoid the application of the local UAE law. Even your home country is likely to return abducted children to their country of residence. In such situations it is prudent to speak to a lawyer about the arrangements and safeguards that can be put in place if you feel there is a potential risk of child abduction arising.

Under UAE Law, the male is per cent responsible for the financial support of his children. As this would naturally include accommodation, which is a significant financial obligation, he would by default also be paying for the housing of his ex-wife, since the mother has custody. Many ex-wives with children find that this aspect provides a tremendous financial relief.

Conversely, this means that there is a great deal of weight on fathers going through a divorce because they are per cent responsible for support as soon as there are children involved. This creates both a financial and mental battle for the father, especially for those who are not familiar with the cultural intricacies of Sharia law in a family breakdown. On the other hand, there is no allocation for ongoing spousal support compensation, and this is often challenging, especially for wives with no children, who essentially get very little financial support.

The financial support for the wife herself is limited to what is known as iddah period, which is a three-month period during which the wife cannot get remarried.

Did you know that the divorce rate in the UAE is among the highest in the region? Divorced cases involve not only Muslims, but non-Muslims as well. Islamic marriages are governed by Sharia law, which applies if: a both the husband and wife are Muslims and residents of the UAE; and also if b the husband is a Muslim and the wife is a non-Muslim.

Non-Muslims can file for a divorce in their home country or in the UAE. They can petition to have the law of their home country applied to their case — an act that is allowed based on Article 1 of Federal Law No. However, the case becomes rather complicated if they come from different countries. If one or both parties are still decided on getting a divorce, here are the steps, as applied to Muslim and non-Muslim marriages:.

Take note that this amount is separate from the financial settlement itself. In either cases of extension or restriction, the court will make the final ruling.

While both are legal procedures, there is a major difference between the two. Divorce is a declaration by both the parties that they are seeking a separation from the marriage that existed. Alternatively, annulment is a claim by one or both parties that said marriage never technically existed.

Considering the complexity of the matter, it may take between three and six months for you to get a divorce in the UAE. The UAE protects the legal rights of expats. Not only can expats get married in Dubai , they can attest their marriage certificates even if they got betrothed outside of the UAE.

The process is the same as stated above. The woman can ask for reimbursement of her backdated expenses for up to three years, if the husband has not provided for her basic needs during the entire marriage. Under UAE law, these needs include paying for accommodation, food, clothing, medical treatments and a domestic helper. That brings an end to our guide on how to file for a divorce in the UAE. For those who want to remarry after a divorce, there is also an option for court marriage in the UAE.

For more on fundamental laws in the country, have a read of our guide to personal and family laws in the UAE. How to file for a divorce in the UAE. Here is how to apply for divorce in the UAE: To submit a divorce petition, either individual in the relationship must register the case with the Family Guidance section in any of the emirates. The couple is required to submit proof of marriage i. This will initiate the counselling process that will assess the need for the separation.

The counsellor or a licenced family lawyer requests a number of sessions which are set up with the goal of bringing both parties in sync on all matters regarding the separation. Once the counsellor has established mutual consent in matters of child custody, the separation of assets, and rights of both members post-divorce , an agreement is drafted and the counsellor sets a final date for a hearing before a judge.