Disputes over finance or inheritance can arise in a family. These matters become complicated when family dynamics are changed in marriage. Individuals come to the United Arab Emirates (UAE) for better jobs. Some of them get married in the UAE through civil laws. Although it is not considered an admirable action, the right to get divorced or separated is given to both men and women. In the UAE, divorce cases are managed by the UAE family laws.
How is Divorce Handled for a UAE Expat?
The understanding of divorce laws is crucial to the expats. They get the flexibility of applying divorce law as per their home country’s law. Though the Muslims will have to follow the Sharia principles for divorce, the non-Muslims can proceed with divorce as per their choice of choosing the law, UAE civil laws, or home country laws. The UAE divorce matters are governed under Federal Law No. 28 of 2005 on Personal Status, along with all other family cases.
Responsibility of Dubai Personal Status Courts
The Dubai Personal Status Courts allow expatriates and UAE residents to file a divorce case. After the application is filed, the court will evaluate legal documents, including petitions. Throughout this process, the financial arrangements and child custody are also to be taken into consideration. Further, the right to divorce or get a separation from the spouse is given to both partners.
Divorce Through Civil Laws in Dubai
The UAE welcomes people from different countries. Its multi-fabricated culture has allowed non-Muslims to file for divorce according to the civil laws.
Civil Proceedings in Divorce
The UAE family courts have allowed non-Muslims to file divorce applications as per their country’s law. In the event of divorce, the court will examine documents to make an informed decision about financial responsibilities and child custody.
Divorce Procedures in Dubai Courts
A divorce is filed at the Family Guidance Department of the Personal Status Court. The department advises reconciliation between both spouses before they finalize the divorce. A period of reconciliation is for a few months to reconsider the decision of divorce between the partners.
Mediation and Guidance in Divorce Cases: Guidance
The Muslims and the non-Muslims are both offered family guidance sessions before taking a divorce. During these sessions, spouses try to make the situation less bad by offering reconciliation with some settlements.
Legal Documentation for Divorce Expats
When the expats are involved in a divorce, they will have to provide documents for court proceedings. These documents include the marriage certificate and residency status. However, other documents can be attached that may assist the UAE court in finalizing the divorce decision. The legal professionals would help expats in finalizing the documents.
Verified Marriage Certificate and Other Documents
A marriage certificate is obtained at the time of the marriage ceremony, done in Dubai courts. It signifies the proof of marriage. While filing for the divorce application, the marriage certificate shall be attached. Further, the certificate should be attested and translated into Arabic.
Other Documents Required for Divorce
Importantly, any document that would expedite the divorce case should be presented. An example of this could be the document of child custody. If the parent wants child custody, they can file a request along with the divorce case. It would help the Dubai courts to decide on divorce and child custody.
How is Finance Managed After Divorce?
Several divorce cases get complicated when spousal support is involved. This means the financial responsibility is still with the other spouse, especially when a child is involved. The UAE courts would determine the financial obligations depending on the earnings of both partners and how it is applicable in the law.
Support to Maintain a Lifestyle
The maintenance and financial support must be provided by the spouse as determined by the UAE family court. It is to be understood that the maintenance support will be used for the child’s educational expenses, housing, and daily living costs. The court will evaluate the payment system based on the financial capability of the parent who is responsible for financing the child.
Obligations for Child Custody for Expats in the UAE Families
Child custody in the UAE ensures the security of the child. According to the Wadeema Law, a law designed for child rights, every child has the right to education and to live in a safe environment. Further, child custody is mostly given to the mothers, while the fathers become their guardian.
Difference Between Custody and Guardianship
A small difference between the two terms is that custody involves the upbringing of a child on a regular basis. The guardianship is when the parent has financial responsibilities towards the child.
Divorce Lawyer in Dubai
In the UAE, legal authorities play a vital role in family matters. Considering divorce as a family matter, a divorce lawyer shall be hired by the individual. Therefore, they should do a legal consultation to understand the procedure of divorce in the UAE.
Why Should You Take Legal Advice for Divorce Cases?
Cases like divorce are complicated. Legal advice should be considered to make a rational decision. A professional lawyer will give you a quick look at handling divorce cases by explaining to you the requirements, documents, and timeline to finalize it.
FAQs
Are expatriates allowed to get a divorce in Dubai?
The expatriates can file divorce cases in the UAE. However, their nationality determines the law for the divorce procedure.
Do foreigners in the UAE have to follow the UAE family law for divorce?
The truth is that in some cases, the expatriates can apply divorce laws as per their country’s family laws.
Should a person ensure reconciliation before divorce in Dubai?
The couple should be sent for reconciliation by the Family Guidance Department in Dubai.
