Since getting an annulment in UAE is often favored by expats over getting one in their home country since it is more faster and easier, many expats choose to divorce in the UAE.

The divorce handbook for people going through irreparable marital troubles contains the following details:

  • A summary of divorce in the UAE
  • The laws governing divorce in the UAE
  • What should you do if your wedding depends on your visa?
  • The process for annulment in the UAE
  • Review of items necessary to seek judicial separation in the UAE
  • UAE preferences on obtaining a formal separation

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A guide to divorce in the United Arab Emirates

In the UAE, getting a formal separation is not uncommon, but the country also has the highest divorce rate in the Gulf. The Statistics Centre in Dubai issued 984 divorce certificates in 2018. Both expats and Emiratis are subject to the jurisdiction of the Personal Status Court, which can issue an annulment certificate within a month of receiving an application.

The UAE’s legal framework for divorce

There are several aspects to take into account when filing for divorce in the UAE. The primary factor is the couple’s request for a divorce. You’ll be required to comply with any requirements you can. Although there is no set waiting period before divorcing, one of the couples has to hold a visa for permanent residency in the UAE in order to start the process.

In the case that neither party is able to reach an understanding, the divorce process must be handled by the proper court. In such cases, it will be seen as a disputed divorce, thus the individual initiating it must give a reason and provide evidence for why they think their marriage should end. Numerous factors might play a role in a couple’s decision to break their marital vows.

It’s also critical to bear in mind that your divorce can have unanticipated effects. Although adultery is a legitimate reason for divorce, it is still a criminal violation in the UAE, therefore the alleged adulterer may face prosecution and deportation once the divorce is finalised. It is advisable to pick an amicable solution rather than making such a charge in order to avoid getting into a messy court dispute.

What do you do when your wedding is a condition for your visa?

The good news about being separated in the UAE is that, under new visa regulations the UAE adopted for female divorcees, you do not have to leave the country following your divorce. This new regulation permits a divorced lady and her children to remain in the UAE for up to one year following their breakup, with the possibility of an additional two years.

This restriction does not apply in the case of a husband sponsored by his wife; as a consequence, the spouse visa under wife sponsorship will be revoked during the divorce process, and he will need to apply for a work or investment visa in order to stay in the UAE.

Things to consider when applying for a judicial separation in the UAE

Children’s custody and child support:

Under UAE law, the mother is often the caretaker even while the father is the guardian. The father who is the guardian is required to cover the cost of all of these, including daily care, education, religious teaching, medical care, and housing. A woman who wants to be granted custody of her minor child must prove that she is sane, responsible, honest, free from contagious diseases, and competent to take care of the child, the father may ask for custody if he is married to someone who can care for the child, such as a relative at his house.

Real Estate Division

The property and other assets involved in a divorce are another thing to take into account. In principle, each party is free to keep all of their belongings and property in their own names; but, if there are any shared assets, such bank accounts, the court will divide them evenly between the two parties. In order for the child to have a regular childhood while his or her parents are divorcing, judges usually provide the caretaker access to the marital residence.

Spousal Support

The husband must support his ex-wife financially when the divorce is finalised. According to local custom, he must take care of his ex-and wife’s the kids’ housing, food, and clothing needs. Additionally, he is responsible for funding his children’s education as well as the salaries of household staff members like the cleaner and driver. He may have to spend up to 30% of his salary on his spouse’s maintenance, but he has the option of paying more.

Contrarily, a wife is under no obligation to help her husband in any way. Additionally, a wife forfeits her entitlement to food if she abandons her marital residence and denies her husband for sex or declines to go with him in such situations.

THE ANNULMENT PROCESS IN THE UNITED ARAB EMIRATES

In fact, this process—known as divorce by mutual consent—takes only one month if the parties can quickly come to an agreement. After the parties have achieved an acceptable arrangement, there is no legal rationale for digging out, thus the process becomes easier and takes less time.

Conciliation is the first step in the divorce process. At this stage, the two would try to bargain or reach a compromise. The marriage certificate, passport, and visa copies of each party, together with copies of any children (if any), must all be translated into Arabic. If it isn’t addressed after three months, you may decide to go a different route.

This case will be submitted to the court of first instance in such cases where the parties are unable to come to an agreement. As long as the requisite time frame for each Judge to rule on the matter has not passed, the defence will reply when it is submitted, and the claimant will refute it.

Both parties have 30 days from the time the verdict is rendered to file an appeal. The First Instance Court’s procedure is also followed by the Appeal Court, with the exception that it is presided over by three judges rather than just one. After the verdict is reached, the court of Cessation examines every document in the case to make sure that the proper procedure was followed. No more evidence will be considered during this stage from either party. The Enforcement Court will finally execute the judgement.

Preferences in the UAE for getting legal separation

As a divorce process, mediation has gained ground in the UAE. Mediation is preferred over litigation because it is less expensive, quicker, flexible, and argumentative. In order to address crucial topics and come to an agreement during mediation, it is typical for both parties to be present at multiple meetings, each spanning several hours. The divorce procedure in court could be accelerated after the couples reach an agreement on the terms.

Ending a marriage in the United Arab Emirates

Marriage and civil unions are legal in the United Arab Emirates, however not always because of the impact of Sharia Law. Such circumstances render certain people’s civil unions and marriages null and invalid. This covers marriage between a Muslim lady and a non-Muslim man as well as LGBT partnerships.

Sara Advocates and Legal Consultants can help you with your divorce filing and make it relatively easy for you to file the case. Our best divorce lawyers will assist you through the entire process. Call us or visit our office to get top divorce lawyer for yourself.