How To File For Divorce In Dubai

If you’re considering a divorce in the UAE, it’s important to consult with an experienced attorney who can help you navigate the process. With their help, you can ensure that your rights are protected and that your divorce is handled correctly.

Filing for divorce in Dubai can be a complex process, influenced by various factors such as nationality, religion, and specific circumstances. This guide aims to provide a detailed overview of the divorce process in Dubai, covering legal frameworks, requirements, costs, and considerations for different scenarios.

Legal Framework for Divorce in Dubai

Dubai’s divorce laws operate under a dual system, accommodating both Muslim and non-Muslim residents:

1. Sharia Law: This is the primary legal framework for Muslims in the UAE, including Dubai. It governs various aspects of family life, including marriage, divorce, child custody, and inheritance.
2. Civil Law: For non-Muslims, Dubai has introduced civil laws that provide an alternative legal framework. This is particularly relevant for expatriates who may choose to have their divorce governed by the laws of their home country or the UAE’s civil laws.

Recent Legal Developments for Divorce Process in Dubai

The UAE has recently introduced new laws to streamline the divorce process, especially for non-Muslims:

• Federal Decree-Law No. 41 of 2022: This law governs family matters for non-Muslims across the UAE including Dubai and introduces a no-fault divorce system, allowing either party to file for divorce without needing to establish reasons or assign blame.

• Abu Dhabi Law No. 14 of 2021: Specifically applicable within Abu Dhabi, this law also supports a no-fault divorce mechanism and simplifies the process for non-Muslim expatriates.

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Eligibility Criteria for Divorce in Dubai

Residency Requirements

Both or at least one of UAE nationals and expatriates must be residents of the UAE for at least six months before filing for divorce.

Grounds for Divorce in Dubai

• For Muslims: Grounds for divorce under Sharia law include adultery, abuse, desertion, and non-payment of dowry, among others.

• For Non-Muslims: Non-Muslims can file for divorce without needing to establish fault, thanks to the no-fault divorce system. However, if they choose to apply their home country’s laws, they must adhere to the grounds specified therein.

Step-by-Step Process for Divorce in Dubai

1. Eligibility and Initial Filing:
   • Ensure at least one party is a resident of the UAE and the couple has been married for at least a year.

2. Filing the Divorce Case:
   • Submit a petition stating the reasons for seeking a divorce, along with necessary documentation, to the Family Guidance Section of the Dubai Courts.

3. Family Guidance and Reconciliation:
   • Attend a mandatory reconciliation session at the Family Guidance Section.
   • If reconciliation fails, obtain a no-objection certificate (NOC) to proceed with the court case.

4. Court Proceedings:
   • Present arguments and evidence before a judge. Legal representation is highly recommended.

5. Issuance of Divorce Decree:
   • If the court finds merit in the divorce case, a divorce decree is issued, outlining terms such as child custody, financial support, and asset division.

6. Post-Divorce Considerations:
   • Address matters such as asset division, child custody arrangements, visitation rights, and financial support.

Required Documents for Divorce in Dubai

1. Marriage Certificate: A legalized copy of the marriage certificate. If the marriage took place outside the UAE, the certificate must be legalized in the country where the marriage occurred and attested by the UAE Embassy in that country.

2. Passports and Emirates IDs: Copies of passports and Emirates IDs for both parties.

3. Proof of Residency: Evidence of residency in the UAE, such as a valid residency visa.

4. Family Statement: Details about the number of children and their ages, if applicable.

5. Additional Documentation: Depending on the grounds for divorce, supporting evidence like medical reports or financial statements may be necessary.

Translations: All documents must be translated into Arabic and attested by the relevant authorities in the UAE.

Things To Consider When Filing For Divorce In UAE

Divorce can be a complex and emotional process. Here are some things to consider when filing for divorce in the UAE:

Child Support

If you have children, you will need to make arrangements for child support. This includes financial support for your children’s education and health care.

Alimony

Alimony is a payment made from one spouse to another after a divorce. This payment is meant to help the receiving spouse maintain their standard of living.

Property Division

If you and your spouse own property, you will need to determine how to divide it between you. This can be a difficult process, but it’s essential to ensure that both spouses are fair.

Child Custody

If you have children, you will need to make arrangements for child custody. This includes the physical custody of your children and the legal custody of their medical and educational records.

Legal Representation and Mediation Services

1. Specialized Divorce Lawyers: Hiring a lawyer specializing in family law or a divorce lawyer in Dubai is crucial. These lawyers are well-versed in both Sharia and civil law, providing essential services such as legal advice, court representation, and assistance with financial claims and settlements.

2. Mediation Services: Dubai has established Family Guidance and Reconciliation Committees under the Dubai Courts to assist in resolving family disputes. These committees provide a structured environment for mediation.

Costs Involved for Divorce in Dubai

1. Court Fees:
   • Initial registration fee with the Family Guidance section: Approximately AED 500.
   • Attestation of divorce certificate: Up to AED 1,200.
2. Lawyer Fees:
   • Range from AED 5,000 to AED 20,000, depending on the complexity of the case.
   • For high-net-worth individuals or complex international cases, fees can exceed AED 30,000.
3. Additional Costs:
   • Mediation services, expert witness fees, private investigator fees, and supplementary court fees may apply 9.

Timelines for Divorce in Dubai

• Uncontested Divorce: Can be resolved within a few months.

Contested Divorce: May take up to a year or more, depending on the complexity of the case.

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Post-Divorce Matters in Dubai

Child Custody Laws

1. Custody and Guardianship:
   • Custody (daily care) is typically awarded to the mother until the male child reaches 11 years and the female child reaches 13 years.
   • Guardianship (significant decisions) is usually granted to the father.

2. Travel Restrictions: The custodian cannot travel with the child outside the UAE without the guardian’s written consent.

Asset Division Procedures

1. Jointly Owned Property: One party may apply to the court for an order to sell the property or for the other party to buy out their share.
2. Sharia Law Influence: In the absence of a will or prenuptial agreement, Sharia law may influence the division of assets, especially for Muslim couples.
3. Financial Settlements: Fathers are generally responsible for child support, while alimony is determined based on the circumstances of the divorce.

Considerations for Different Scenarios in Divorce

For Muslims

• Divorce can be initiated through “talaq” (by the husband) or “khula” (by the wife).
• Reconciliation sessions are mandatory before finalizing the divorce.

For Non-Muslims

• Can choose to apply either the laws of their home country or UAE law in divorce proceedings.
• The no-fault divorce system simplifies the process by removing the need for fault-based claims.

How To File For Divorce In UAE: A Full Guide
Hire a Top Divorce Lawyer in Dubai
UAE Divorce Law: Frequently Asked Questions (FAQs)
Family Lawyer
Inheritance Lawyer
Register your Wills

If you’re considering a divorce in the UAE, it’s important to consult with an experienced attorney who can help you navigate the process. With their help, you can ensure that your rights are protected and that your divorce is handled correctly.

You may visit us for a legal consultation, Call or WhatsApp us +971506531334 +971558018669