UAE

Divorce process for expatriates in the UAE: What you need to Know

Expatriates living in the UAE can file for divorce within the country, according to UAE federal laws.

Legal experts shared that the process is straightforward, though it varies slightly based on religious background.

Federal Laws Governing Divorce for Non-Muslim Expatriates

Navandeep Matta, a senior associate at Kochhar and Co. Incorporated, explains that several federal laws apply across the UAE:

  • Federal Decree-Law No. 41 of 2022 on Civil Personal Status Law for non-Muslims
  • Cabinet Decision No. 122 of 2023 on the implementing regulations
  • Federal Decree-Law 28 of 2005 regarding Personal Status Law

These laws cover all seven emirates: Abu Dhabi, Dubai, Sharjah, Ajman, Umm Al Quwain, Ras al Khaimah, and Fujairah.

Specific Laws in Abu Dhabi

For residents of Abu Dhabi, additional laws apply:

  • Abu Dhabi Law No. 14 of 2021 as amended by Abu Dhabi Law No. 15 of 2021
  • Abu Dhabi Resolution No. 8 of 2022 concerning Marriage and Civil Divorce Procedures

These laws are specific to Abu Dhabi and address family matters for both Muslim and non-Muslim expatriates, as well as UAE nationals who are non-Muslims residing in Abu Dhabi.

Types of Divorce Cases for Non-Muslim Expatriates

Experts highlight three types of divorce cases:

  1. No-Fault Divorce
    • This type of divorce does not require proof of wrongdoing by either party.
    • Article 7 of Federal Decree Law No. 41 of 2022 allows a spouse to request a divorce simply by expressing their wish to separate.
    • Article 8 outlines the procedures, stating that either spouse can seek a divorce without proving damage, and the court will grant the divorce after notifying the other party.
  2. Mutual Divorce After Settlement Agreement
    • Spouses can mutually agree on a divorce settlement, including the distribution of assets.
    • This agreement forms the basis of the court’s judgment.
  3. Litigated Divorce
    • If spouses cannot agree on the terms of the divorce, the case goes to court for a judge to decide.

How to File for Divorce in the UAE

  • Identify the Correct Court: Depending on your emirate of residence, you may need to approach different courts.
    • Abu Dhabi: The Civil Family Court handles cases for all expatriates, regardless of religion.
    • Dubai: The Personal Status Court handles cases, with a differentiation between Muslim and non-Muslim expatriates.
  • Prepare the Required Documents: This includes completing the relevant forms, gathering necessary documentation, and seeking legal advice if needed.
  • Legal Representation: Finding an authorized divorce lawyer is crucial. In Dubai, you can search for lawyers registered with the Dubai Legal Affairs Department here. In Abu Dhabi, use the Abu Dhabi Judicial Department’s online service here.

Duration of the Process

  • No-Fault Divorce: If both parties agree and a settlement is reached, the process can take about six weeks.
  • Litigated Divorce: This process typically takes four to six weeks for a judge to issue a divorce decree.

By understanding the specific laws and procedures, expatriates in the UAE can navigate the divorce process more smoothly. Legal experts recommend consulting with a qualified lawyer to ensure all requirements are met and to receive guidance tailored to individual circumstances.

Related posts

UAE weather forecast: Partly cloudy skies and fog expected

admin

UAE opens doors for skilled Bangladeshi drivers

admin

UAE-India flight costs: Expats organize summit to demand solutions

admin

Leave a Comment