How to Make a Successful Divorce in Dubai: A Comprehensive Guide for Expats

Divorce is a challenging and often emotionally taxing process. For expats living in Dubai, navigating the legal system can add an extra layer of complexity. However, with the right knowledge and guidance, you can manage the process effectively and ensure a successful outcome.

Dubai is home to a diverse expat community, and understanding the nuances of its legal system is crucial, especially when it comes to sensitive matters like divorce.

This guide will walk you through the UAE Personal Status Law, the legal grounds for divorce, the differences between divorce and judicial separation, and the step-by-step process for obtaining a divorce in Dubai.

UAE Personal Status Law and Divorce

The UAE Personal Status Law governs family-related issues, including marriage, divorce, child custody, and inheritance. One of the most significant amendments to this law aims to maintain the cohesion of the family unit, which is seen as the foundation of society.

The law encourages reconciliation and understanding before finalizing a divorce, ensuring that families are fully aware of the consequences of their decisions.

Types of Divorce in UAE Personal Status Law

The law distinguishes between two types of divorce:

1. Revocable Divorce: This type does not end the marriage contract until the waiting period (‘iddah‘) expires. The waiting period is a mandatory timeframe that must be observed before a divorce can be finalized. During this period, the husband can reconcile with his wife without a new marriage contract.
2. Irreversible Divorce: This type dissolves the marriage contract immediately. It comes in two forms:

• Minor Baynunah: The divorced woman cannot remarry her ex-husband unless a new marriage contract is drawn.
• Major Baynunah: The divorced woman cannot remarry her ex-husband until she has observed the waiting period and married another man.

Legal Grounds for Divorce in the UAE

Understanding the legal grounds for divorce is critical for anyone considering this step. The UAE law requires valid reasons for divorce, and in many cases, these must be substantiated with evidence. Here are some common grounds:

1. Adultery: Concrete evidence such as photographs, videos, or eyewitness testimony is necessary to prove adultery.
2. Abuse: Both physical and mental abuse are grounds for divorce. Medical reports and witness testimonials are required to substantiate these claims.
3. Desertion: Desertion must typically last for one or two years to be considered valid grounds for divorce.
4. Repudiation: Either spouse can end the marriage through a clear expression of their intent, either verbally or in writing.
5. Defects: Serious conditions like leprosy or insanity can be grounds for annulment, provided the other spouse was unaware of these issues before marriage.
6. Non-Payment of Dowry: If the dowry was not paid, a non-consummated marriage can be dissolved.
7. Prejudice and Disharmony: Serious marital conflicts can lead to divorce if reconciliation attempts fail.
8. Unavailability and Absence: A spouse can seek divorce if the other is absent and unable to provide financial support.
9. Imprisonment: A spouse can file for divorce if the other is imprisoned for more than three years.
10. Abstaining From Supporting: Failure to provide financial support can be grounds for divorce after giving the spouse one month to fulfill their obligations.

Divorce vs. Judicial Separation

While divorce terminates the marriage contract, judicial separation allows couples to live separately without dissolving the marriage. However, the UAE legal system does not provide for judicial separation, so couples must opt for divorce if they wish to end their marriage.

Types of Divorce in the UAE

1. Mutual Divorce: Both parties agree to dissolve the marriage amicably.
2. Contested Divorce: One party initiates the divorce, and the other opposes it. This type of divorce involves a more complex legal process.

The Divorce Process in the UAE

The divorce process varies for Muslim and non-Muslim couples, reflecting the country’s respect for religious and cultural diversity.

For Muslim Couples

Muslim divorces in the UAE are governed by Sharia law. Either spouse can initiate divorce proceedings, and the process involves several steps:

1. Registration at Family Guidance Section: Initiate the process by registering at the Family Guidance Section in the relevant judicial department.
2. Conciliation Process: A court-appointed conciliator will attempt to reconcile the couple. If reconciliation fails, the process moves forward.
3. Settlement Drafting: If reconciliation fails, the spouse initiating the divorce will draft a settlement agreement.
4. Referral to Court: If no agreement is reached, the conciliator issues a referral letter to proceed to court.
5. First Instance Court Proceedings: Both parties present their evidence, and the judge makes a decision.
6. Appeals Court: Either party can appeal the judgment within 28 days.
7. Court of Cassation: The highest court reviews the case to ensure due process.
8. Enforcement Court: Ensures compliance with the judgment.

For Non-Muslim Couples

Non-Muslim couples have three options:

1. New Personal Law: Governed by Federal Decree-Law No. 41 of 2022, which outlines procedures for divorce and child custody specifically for non-Muslims.
2. Home Country Law: Non-Muslim expatriates can opt to follow the laws of their home country.
3. UAE Law Application: If the home country’s law does not cover certain aspects, UAE law applies.

The Cost of a Divorce in the UAE

While getting a divorce in the UAE may be relatively straightforward compared to other countries, it is not an inexpensive process. On average, an amicable divorce can cost between AED 8,000 and AED 25,000.

However, if the litigation process extends, expenses can escalate to as much as AED 50,000. Additionally, document translations typically cost around AED 80 per document, adding to the overall expense.

Documents Needed for a Divorce in UAE

Marriage Certificate:

1. Legalize your marriage certificate in the country where the marriage took place.
2. Get it attested by the UAE embassy in that country.
3. Have it further attested by the UAE Ministry of Foreign Affairs.
4. Utilize a translation company in Dubai to translate the certificate into Arabic.
5. Get the translated certificate attested by the UAE Ministry of Justice.

Note: If the marriage was solemnized before the UAE Courts, additional attestation steps are unnecessary.

Identification:

• Copies of your ID, your children’s ID, and your spouse’s ID.
• If current ID and residence visa copies are unavailable, submit copies of your passports and previous residence visas.

Additional Considerations

1. Legal Representation:
   • Hiring a competent lawyer is crucial for navigating the complexities of divorce law in the UAE. Legal fees can vary significantly, impacting the total cost of the divorce.
2. Property and Asset Division:
   • The division of property and assets can add to the cost and complexity of the divorce process, especially if disputes arise.
3. Custody Arrangements:
   • Child custody battles can be emotionally taxing and financially draining. The cost will increase if the case requires extensive legal intervention.
4. Counseling and Mediation:
   • Engaging in mediation or counseling services may help resolve disputes amicably, potentially reducing overall costs.
5. Time Frame:
   • The duration of the divorce proceedings will affect the cost. Protracted litigation usually results in higher expenses.

By understanding the financial implications and required documentation, individuals can better prepare for the divorce process in the UAE, ensuring a smoother transition during this challenging time.

Here you can also read the UAE’s government rules and regulations about divorce.

Wrapping Up

Navigating the divorce process in Dubai can be complex, but understanding the legal framework and the steps involved can help you manage it effectively. Whether you are part of the expat community or seeking legal advice, this guide provides a comprehensive overview to help you achieve a successful divorce in Dubai.