Divorce in UAE

Divorce in UAE is governed by Family Law which entails all family matters like marriage, domestic partnership, adoption, divorce, etc. A new report suggested that almost 30 percent of UAE divorces that took place in 2018 were dissolved within the first year of marriage. There are several reasons for divorce cases in Dubai and UAE, that includes infidelity, job loss, poor communication, or financial strain.

How long does a divorce take in Dubai (UAE)?

Divorce in the UAE depends on the complexity of the matter but it usually takes 3 to 6 months, or more in accordance with the issues brought before the court.

It can be difficult for an estranged couple to separate since divorces are filed according to the Islamic Sharia Law. The divorce will be granted if the Judge is absolutely convinced that the marriage will no longer work.

In the case of a Muslim couple residing in the UAE, the first step is to file for divorce at the Moral and Family Guidance Section at the Dubai Courts. The Guidance will then appoint a counselor in an attempt to reconcile among the divorcing parties. If both the parties are adamant about the divorce then the case is sent to the courts for further proceedings. Even if there is a disagreement among the partners, where one of them wants to reconcile it will still be forwarded to the court.

In the case of Non-Muslim couples, they can follow the law of their home country or also file for divorce within the UAE. Matters can get complicated if the couple belongs to a foreign country and decides to file with the UAE Law since the UAE Law doesn’t coincide with the laws of other countries. This can contribute to financial losses or the couple might be unhappy with the judgment.

Is divorce in UAE valid in India?

 The UAE Personal Status Law permits the parties to choose the application of the Personal Law of their home country. This is in accordance with Article 1 (2) of the aforementioned law that states: The provisions of this law shall apply to citizens of the United Arab Emirates State unless Non-Muslims decide to follow the law of the land. They have special provisions applicable to their community or confession. The provisions shall equally apply to non-citizens unless one of them asks for the application of their home country’s law. However, Section 13 of the Civil Procedure Code of India in 1980, states that the judgments of a foreign country are not valid.

The validity of the divorce depends on the parties involved. Non- Muslims have special provisions that are applicable according to their community or religion. It is advisable to consult a professional lawyer in such circumstances to ensure that you are legally divorced.

How much does a divorce cost in Dubai?

Ending a marriage with someone can be difficult. It is always going to take a toll financially and emotionally. But if someone is wondering how much it will cost financially, they can expect between 10,000 and 20,000 Dirhams; but this amount ultimately depends on the law firm as well as the complexity of the divorce. In the case where the parties rely on the court for an outcome, it can cost them around 30,000 Dirhams.

Divorce during pregnancy in UAE

If the parties decide to divorce during pregnancy in the UAE, then the court will grant a “revocable divorce” which will ultimately become an irrevocable divorce upon delivery or three months after the divorce is finalized (whichever will come later). So the parties will not be completely divorced until the baby is delivered.

For the child to be considered legitimate, the law requires a minimum period of 180 days between the marriage and the delivery. For cheating allegations, the court asks for two witnesses to stand before the court for judgment. If someone doesn’t have witnesses they may ask the court to appoint arbitrators who will help to eliminate the differences and try to reconcile between the parties. If the arbitrators fail to reconcile they may recommend the court to grant the divorce. In such cases, the court is obliged to follow their recommendation

Is triple talaq banned in UAE?

“Talaq” is derived from the Arabic verse which means “freeing or undoing the knot”. It is important to understand that triple talaq is a three-step process and it is not merely saying “talaq” three times. The Islam religion gives the provision to rethink, reconsider, and reconcile if it’s possible among the parties. Divorce in such cases will only be considered as one, whether expressed or implied when the three talaqs are given (rethink, reconsider, and reconcile), one in each menstrual cycle. Hence verbal talaq is unacceptable in the spirit of the Islam Religion.

Triple Talaq has been banned in the UAE. The court has declared it unconstitutional and has abolished the practice.

Final Words

We advise parties to work as a team for divorce cases. One of the most important things to consider when you divorce in the UAE is the grounds for divorce. Divorce grounds can have serious consequences in the UAE. In cases of adultery, it is considered a criminal offense in the country, and filing a divorce on grounds of adultery could result in getting prosecuted or deported from the country (if the parties belong to a different country). In any case, it is advisable to seek professional help before making any major decisions. For more information, you can check the Official Portal of the UAE Government.

Disclaimer: This is to inform you that Bin Eid Advocates & Legal Consultants is our registered trademark name, and https://bineidlawfirmuae.com/ is our only official website. If someone contacts you with our name (Bin Eid Advocates & Legal Consultants), please confirm the genuinity through Phone Call, Email, WhatsApp or by visiting our Office. You can email us at enquiry@bineiduae.com, WhatsApp to +971 54 562 7999 or visit https://bineidlawfirmuae.com/contact-us/ for complete contact details. If you go ahead without due diligence, we won’t be responsible for your monetary loss. We also take strict actions against fraudsters who misguide people using our brand name.