Things to Know About Divorce in the UAE

Every married couple in the United Arab Emirates (UAE) ends their abusive marriage in divorce. However, several expats do not know how to file for divorce in the UAE as they have not been into such legal problems before. Most of them struggle through their divorce because they are unsure about going to courts and jurisdictions that can provide them with proper consultation for divorce cases, especially when it is about a case of child custody. The family courts of the UAE follow Islamic principles for personal status law. The experts here are called Divorce Lawyers in Dubai Divorce Lawyers in Dubai. These divorce lawyers are from family lawyers in dubai or UAE. It means the family lawyer is also called a divorce lawyer child custody lawyer to alimony lawyer. 

Under recent family laws, the country’s law applies where the marriage took place. Expats can also use this foreign law in the UAE courts for their divorce. Additionally, the UAE Civil Code’s rules apply to foreign laws with limited applicability, depending on the circumstances. 

The UAE government wants to make simpler laws for expats. Though Sharia law is applied to Muslims in the UAE, foreigners can opt for international divorce laws. According to Federal Law No. 28 of 2005 governing domestic affairs in the UAE, divorce can proceed well.

Reconciliation is when the married couple has thought of parting their ways, but they still have a chance to reunite and make mutual agreements to save their marriage. The reconciliation period is formally given for three months, and the couple has to provide evidence of their marriage, birth certificates, and relevant documents. Those documents must be translated into Arabic.

The process could be lengthy and complex as both parties have to go through different courts if they do not make an amicable settlement at the time of reconciliation.

First Instance Court—If both parties do not want to settle after the reconciliation period, they will be heard in the First Instance Court. This process could take time unless the court decides the ruling. However, any of the spouses can ask for legal representation at this stage. The court proceedings are heard in Arabic, but a translator is provided.

Court of Appeal—A man or woman can appeal 28 days after the decision is heard in the First Instance Court. The only difference between the Appeal Court and First Instance Courts is that the former has three judges to hear the appeal. 

Court of Cassation: The matter discussed in the Court of Appeal will be sent to the higher court known as the Court of Cessation. All the gathered proof will be examined to make the right decision. However, you cannot add a new proof at this stage.

Enforcement Court—This is the court that makes the final decision on divorce. The judge imposes the decision. They ensure everyone involved in the divorce case agrees with the judge’s decision. If things get better in the first phase—reconciliation—then the case is directed to proceed in Enforcement Courts and may end smoothly. 

The UAE family laws are flexible and allow both parties to settle things in a friendly manner rather than taking their case to smaller to bigger courts.