UAE is one of the countries in world where family laws are well drafted, well maintained and perfectly implemented. Most of the laws ensure that children remain protected. Child protection is one of the core priorities of UAE government. However, divorce is a sensitive topic across the world. It affects the families, finances, and future of the children. Under the UAE legal system, family laws are divided into Islamic law, Civil law, and Personal Status Laws. It allows expatriates and people from various religions to resolve their divorce cases as they think.
Whether you are a Muslim or a non-Muslim, it is important to understand the steps that you can take for validating divorce, ensuring you know your rights. The flexibility in the UAE legal system accommodates Islamic laws as well as civil and personal status laws. Hiring lawyers in Dubai is a good decision as they understand the local and international laws in the UAE. Hiring professional lawyers and legal consultants, is always a good decision
Divorce Process for Muslims in Dubai
Islam has given the right of divorce to men and the right of ‘KHULA’ to women. As a Muslim in the UAE, it is a no-brainer that you will follow the Shariah Law for divorce.
The following steps are taken to make divorce valid as per the Islamic laws:
- Initiating the Divorce
The divorce of Muslims in Dubai is initiated through Federal Law No. 28 of 2005 (Personal Status Law). The Muslim plan will have to announce ‘Talaq’ verbally. However, the written declaration is one time. The process of divorce is incomplete unless the court registers it, officially. The Muslim woman can also initiate the divorce by seeking ‘Khula’. In this case, she will get all her financial rights, including dowry.
- Mandatory Family Guidance
In Islam, divorce is not considered to be a good act, but both spouses have the right of separation. Before the court proceedings for divorce begin, the family guidance sessions are conducted. These sessions try to reconcile the couple through mediators. If those sessions in the Personal Status Court do not work, then they are escalated to the family courts in the UAE.
- Court Hearing and Judgment
The court authorities will take a close look at the divorce case. Evidence, reason, and claims for divorce will be reviewed. However, the post-divorce events will also be reviewed including; alimony, child custody, and property and asset distribution. The divorce will be granted, but post-divorce events may have changes to the original plan.
- Custody and Maintenance
In most cases, mothers are given the responsibility to raise the children, whereas the father is the financial guardian. In the UAE, custody rights are granted in the best interests of the child. Guardianship and custodianship are two different things. One is financial maintenance and the other involves personal responsibilities. The judge will decide about these two things after meeting the parents of the child. The support of Dubai law firms comes when the divorce has to comply with the Sharia law for Muslims.
Divorce Process for Non-Muslims in Dubai
The process of divorce for non-Muslims is different from that of Muslims. There is no concept of divorce or ‘Khula’ among them. The following process is applied for a non-Muslim divorce case:
Initiating Divorce for Non-Muslims
The non-Muslims, who are expatriates in the UAE, can get divorced under Federal Decree-Law No. 41 of 2022 on Civil Personal Status for Non-Muslims or however their home country laws work. They have the right to choose their divorce proceedings as per the UAE civil law or their home country’s law.
The modern approach applied in the UAE family courts has created flexibility for the non-Muslims. They can easily handle divorce cases while living in the UAE.
- Filing a Divorce Petition
A non-Muslim couple has to file a divorce in the Dubai Civil Court. It must have evidence of marriage, identification documents, proof of residence, and reasons for divorce. The common grounds for divorces in the UAE are related to abuse, infidelity, or abandonment.
- Court Procedures
There are mediation sessions for non-Muslims, too but they do not prolong as it happens in the Sharia-based cases. Moreover, the custody and responsibility of the children are equally divided between both parents. Considering alimony, the assets are equally distributed between the spouses. However, Dubai law firms can assist clients with legal affairs. They can proceed with divorce cases for clients as per the client’s home country’s law.
- Custody and Financial Matters
All the custodial and financial matters are equally shared unless any of the parents are unable to fulfill the responsibility. In such scenarios where one parent may not be capable of managing the children, the decision will be made in the best interest of the child. It is important to know that alimony is based on the number of years the couple has been married and how much one can afford to give alimony.
Frequently Asked Questions (FAQs)
Can Non-Muslims get divorced in Dubai without applying Sharia law?
The non-Muslims can get divorced in Dubai without following the Sharia Law. They will have to follow UAE’s Civil Personal Status Law for Non-Muslims (Federal Decree-Law No. 41 of 2022).
Is the divorce process different for Muslim men and women?
The divorce process in Islam is different for men and women. In this process, the woman gets back her dowry with separation from the man. However, non-Muslims have no conditions in the UAE. They can get a divorce through paperwork in the first place.
Can expatriates use the laws of their home country in a divorce case?
Foreigners in the UAE can get a divorce as per their home country’s laws. However, they must provide a translated copy of the home country’s laws to the UAE lawyers.
How long does it take to finalize a divorce in Dubai?
Usually, it takes 1-3 months, unless the divorce is not contested. When cases involve disputes over custody and assets, they take longer than usual.
Who gets custody of children after divorce in Dubai?
In most cases, the custody of children is given to the mother, but the father remains the legal and financial guardian.