Expats have a lot of questions about divorce in the UAE. Divorce is the dissolution of a marital contract in a manner specified by law, as stated in Article 99(1) of UAE Federal Law No. 28/2005. Islamic Sharia law serves as both a guiding concept and one of the sources of legislation, and civil law principles form the basis of the UAE’s divorce legal system.
One of the significant legal reforms in recent years took place in the UAE’s legal system, which brought about several changes to the laws governing family and individuals, including divorce, separation, and inheritance after divorce. Divorce and inheritance are two such changes. New laws and amendments to older ones are intended to control essential civil and personal laws, including provisions enabling foreigners or expats to have their concerns handled following the law of their home country.
LAWS RELATING TO FAMILY MATTERS (INCLUDING DIVORCE) IN THE UAE
In the United Arab Emirates, the following rules are pertinent to family issues:
I. Federal Law No. 28/2005 on Personal Status, as revised by Federal Decree-Law No. 8/2019 and Federal Decree Law No. 5/2020.
II. Civil Procedures Law, as revised by Cabinet Resolution No. 33/2020 and Federal Law No. 11/1992,
III. Federal Law No. 5/1985, which established the Civil Transactions Code, as modified by Federal Decree-Law No. 30/2020
IV. Federal Law No. 3/1987 Concerning the Penal Code.
V. The Abu Dhabi Law No. 14 of 2021 (Abu Dhabi non-Muslim Personal Status Law), which primarily affects non-Muslim expats living in Abu Dhabi, was published by the Emirates of Abu Dhabi.
CAN A COUPLE OF FILE FOR DIVORCE IN THE UAE?
All inhabitants of the UAE, including citizens and foreigners, Muslims and non-Muslims, are covered under Article 1 of Federal Law No. 28/2005. Therefore, if you are an expat living or working in the UAE and have a valid residence visa, you may file for divorce via the UAE Family Court in the Emirate where your family lives or works.
DOCUMENTS REQUIRED FOR FILING FOR DIVORCE IN THE UAE
The parties will have to provide the following documents for filing for divorce in the UAE:
- Birth certificates of both parties,
- Marriage license (Marriage Certificate),
- Marriage contracts, if any,
- Passports copy of both partners and any children.
Each document must also be translated into Arabic and confirmed by the relevant Ministries and Authorities. For instance, if you were married in India, you would need to legalize the paperwork there and ensure the UAE Embassy in India stamped them.
IS IT POSSIBLE TO ANNUL THE MARRIAGE?
The court may declare the marriage agreement invalid if it conflicts with public policy or Sharia law, according to Federal Decree-Law No. 30/2020.
For instance, a marriage between the following persons might be declared null and void.
- Same-sex partners;
- When a Muslim lady and a non-Muslim guy are together;
- Muslim and non-Jewish or non-Christian lady who is not a Muslim; or
- Muslims being married in a civil ceremony.
- The court may decide not to use the nullity to protect the children from the adverse effects of a voided marriage contract, but that decision is entirely its own.
- The marriage will be dissolved, and the parties will resume their prior status; however if the court declares the marriage contract invalid.
RECENT AMENDMENTS IN UAE PERSONAL STATUS LAW: APPLICATION OF HOME COUNTRY’S LAW
Federal Decree-Law No. 30 of September 27, 2020, which replaces the provisions of Article 13 of Federal Law No. (5) of 1985 Concerning Civil Code, reads as follows:
- The law applicable in the country where the marriage was concluded shall be relevant to personal and financial impacts set by the marriage contract.
- The law applicable in the country where the marriage was concluded shall apply to divorce and separation.
Couples who were married in their home country but requested a divorce in the UAE must abide by the laws of the country where the marriage took place, according to the aforementioned modified regulation. The Personal Status Law of the United Arab Emirates also applies to non-citizens. However, they could ask that the laws of their nation be followed.
Let’s use an illustration to understand this change better. Assume that A and B wed in England following the 1949 Marriage Act. The pair moved to the United Arab Emirates after getting married and started working for a multinational company there. After a few years, A discovered B had committed adultery and brought divorce proceedings against B before the appropriate court in the UAE. In this case, the most critical issue before the court is which legislation should be applied to foreigners seeking a divorce in the UAE.
The court will now use the state’s (home country) laws where the marriage was consummated following the new amendment. The appropriate court will use the Matrimonial Causes Act 1973 (English Divorce Law) in the circumstance mentioned above.
VALIDITY OF DIVORCE JUDGMENT PASSED IN THE UAE
The Enforcement Court will hear the matter if any requirements of the UAE-obtained decision have not been followed. If the parties settle on the conciliation stage after the start of an enforcement process, the case will go straight to the Enforcement Courts for approval of the agreement.
Suppose you live in the UAE and want your divorce recognized in your home country. In that case, divorce judgements may be translated and authenticated for use if necessary after they have been produced and are complete.
HOW MAY HHS LAWYERS AND LEGAL CONSULTANTS ASSIST YOU?
Since choosing the correct law as applicable to your situation requires an in-depth understanding of the laws and procedures dealing with family difficulties, including divorce, you should only work with the most recognized legal firm in Dubai. Considering family and private legal matters is sometimes stressful. At HHS Lawyers and Legal Consultants, always strive to make the legal procedure as straightforward as possible for our clients. Over the years, a sizable number of divorce cases in Dubai have been successfully handled by team of experienced divorce lawyers. Without the proper legal representation, your case may drag on longer. We will professionally handle your case, providing you with a sense of security in the middle of the most challenging situations. In all UAE courts, including those in Dubai, our Divorce lawyers are authorized to represent clients.
