How To Get a Divorce in the UAE For Expats and Residents

Divorce proceedings depend on several factors, such as citizenship, religion, legislation, etc. The Emiratis require a lawyer even if they divorce in the UAE by mutual consent. For foreigners, as there is a significant number of expats living in the UAE, understanding the nuances of amicable settlement might be challenging.

The following information is on the entire process of divorce in the United Arab Emirates for Muslims, non-Muslims, expats, and locals. As the complexity of the laws requires expertise, it is always in one's interests to get assistance from a professional divorce lawyer in Dubai. In such a case, you can protect your rights in terms of properties, finances, and custody.

Overview of Divorce in the UAE

Generally speaking, all divorce procedures can be separated by the religious beliefs of the parties. The Sharia Law governs Islamic marriages in the UAE. Non-Islamic marriages are governed by no-fault civil divorce law (since 2022). If a couple is citizens of the UAE and Muslim, the Sharia Law applies. If one of the parties is Muslim and the other is not, the Sharia Law will most likely be applied to them.

The divorce process for non-Muslim couples is different. The main distinction is that the UAE legislation allows no-fault divorce. It means that the parties can divorce without stating a specific reason. In Sharia Law, the reasoning is important.

Expats can also choose the legislation for their divorce. It can be the country of their birth, the previous country of residence (if they've lived there for a significant period), or the UAE legislation. All of that significantly impacts the longevity of the proceedings and potential outcomes for both parties.

The differences are also based on the specifics of particular Emirates. For instance, Abu Dhabi has specific non-Muslim divorce regulations.

Because of religious and cultural differences, or even poor communication between partners, a divorce case can become rather complex. Therefore, it is always better to seek the assistance of professional lawyers who understand all the nuances of the process.

Legal Grounds for Divorce in the UAE

First of all, it is crucial to understand the UAE law in terms of the legal grounds for a divorce. Based on the recent changes, no-fault divorce is allowed by the Civil Family Court. However, it applies to non-Muslim parties (Abu Dhabi). In this case, either party has no obligation to provide the fault of their spouse.

In all other cases, the divorce certificate can be acquired only based on fault, which can be:

1. Physical or emotional abuse/suffering, including in a sexual relationship;
2. Adultery;
3. Financial neglect by the husband;
4. Disappearance of the spouse;
5. Imprisonment;
6. Desertion.

The process may take from three months to finalize if parties agree on all terms and conditions. In complex cases, it can take significantly longer as the court often requires evidence of the fault. There is also a reconciliation period that applies to all divorce filings. A more detailed description of popular legal grounds for the UAE courts is provided below.

Adultery

Adultery by one party is a strong ground for a divorce. However, it must be proven by evidence in court. Also, adultery is a criminal offense under the UAE laws. So it will be punishable if proven to be right. New evidence can be in the form of a confession, witness testimony, videos, photographs, or written records.

Abuse

The UAE court recognizes physical, sexual, psychological, and emotional abuse as a reason for legal separation based on cruelty. Yet, it also has to be proven by evidence. Those are police reports, medical records, sound recordings, witness testimonies, etc. The exact specifics vary for divorcing couples and their cases.

Desertion

Desertion is another valid ground for divorce under the Personal Status Law for Muslim residents. For example, a wife can file for a divorce if her husband disappears and does not return for four months upon her request. Desertion is a contributing factor to the rising divorce rates in the UAE.

UAE Divorce Law for Muslims and Non-Muslims

Residents who are Muslim expats are married and divorced under Sharia-based Personal Status Law. It means that there have to be fault grounds for a separation. It also means that there is a mandatory waiting period before the final decision is made.

The grounds for divorce are abuse, desertion, adultery, or financial neglect by a husband. A Muslim woman can initiate proceedings based on the grounds and with presented evidence. Husband is usually responsible for financial spousal support only during the waiting period. Also, he is responsible for child support. In terms of custody, the father is considered a natural guardian (financial support for medical treatment, food, clothing, and other necessities), and the custody is granted to the biological mother (until a child reaches a specific age).

Although a father can gain custody in specific cases, as long as he is living with a woman who can take care of small children (a relative, for instance).

Non-Muslim UAE divorce is governed by Federal Decree Law No.41 of 2022 and the Abu Dhabi Civil Personal Status Law No.14 of 2021. The Personal Status Court does not require a fault to initiate a divorce. So one of the parties can file for it without any evidence or claims of wrongdoing of the other party. As it is considered a civil partnership, it is based on civil proceedings.

If a non-Muslin mother remarries later in life, she will no longer receive alimony. The custody laws are similar to Muslim ones; however, there is more room for nuance. Such a process often takes about three months if parties reach a quick settlement.

Many marriages of expats are ended based on the laws of their home country. It depends on what legislation parties choose to work under.

The Process of Filing for Divorce in the UAE

The first step is to register the case with the Family Guidance Section. This step starts a mandatory reconciliation period. Only after it, the first instance court can finalize the divorce.

The reconciliation period is followed by mediation. The parties must agree on terms. Whether or not they come to the settlement, the next step is to file all documents with the court. If there are no disputes, the court will automatically finalize the contested divorce.

If there are any disputes (someone wants to claim custody or there are financial disputes), the case will be transferred to court for hearings.

Step-by-Step Divorce Procedure

1. One party registers the case in the relevant judicial department.

2. The reconciliation period starts.

3. The counsel tries to reconcile the parties.

4. If it is not successful, the mediation starts.

5. The parties must agree on custody, property, joint assets, bank accounts, etc.

6. If the settlement is reached, the case goes to court, and the divorce is automatically finalized.

7. If the settlement is not reached, the case goes to court for hearings on disputes.

Required Documents and Registration Fees

To register a divorce claim, a person needs personal identification, the marriage certificate, and all documents related to children or joint assets. All papers must be translated into Arabic.

The fees vary from AED 8,000 to AED 25,000. Longer court cases may result in a larger sum up to AED 50,000.

Cost of Divorce in the UAE

The costs of divorce depend on several factors. Typically, the fees for an amicable divorce range from AED 8,000 to AED 25,000. However, complicated disputes might be more expensive. A litigated divorce can cost around AED 50,000 and more, depending on the difficulty of the case and the longevity of proceedings.

Child Custody and Support in Divorce Cases

UAE legislation acts in the best interest of the child, which is a pronounced principle. Typically, the mother gets physical custody of the children. The father is the legal guardian, who provides financial support and takes responsibility for major decisions on the children's lives.

To maintain the best interests of children, the court considers all the factors, such as age, well-being, stability, parental capability, and religion. The father can claim physical custody over children after they reach a certain age - 11 for boys and 13 for girls.

Property Division and Spousal Maintenance

Usually, each party keeps their property to themselves while the civil court handles joint ones. There is an option to get spousal alimony sometimes, but there is no fixed legal amount - it depends on the specifics of the case.

For non-Muslim couples, there is a legal framework for property division based on Civil Personal Status Law No.41 of 2022.

Visa and Travel Considerations After Divorce

The visa proceedings are usually straightforward. If one party leaves and their spouse was a sponsor for the visa, they are most likely to cancel it. Nevertheless, it is possible to get an extension to stay in the UAE for one more year.

There also might be legal complexities in the case of a custody battle with a travel ban.

Alternatives to Divorce in the UAE

The silver lining is that divorce is not the only option in the UAE. Other opportunities include legal formal separation and reconciliation, which can be facilitated with the help of family counseling. Both parties need to fully understand what divorce entails and whether they are entirely sure in their decision.

FAQs About Divorce in the UAE

What is the difference between annulment and divorce?

Divorce is a legal ending of a valid marriage. Annulment declares that there was no valid marriage to begin with. Annulments are pretty rare in the UAE, as they are granted for very specific reasons (for instance, if one party was underage).

How long does the divorce process take?

If two parties reach a mutual agreement, it can take about three months. But if the agreement cannot be reached easily, the process might take longer.

Can a woman file for divorce in the UAE?

Yes, a woman can file for divorce on grounds of abuse, adultery, or desertion. Non-Muslim women can file for a no-fault divorce as well.

What happens to my visa after a divorce?

If the spouse is the sponsor for the visa, they will most likely cancel it. However, you may be eligible to extend your stay for one more year.

How much does a divorce cost in Dubai?

It is impossible to provide an exact estimate, as it depends on the case and the level of legal involvement. There are court fees for filing, legal fees if you hire a lawyer, and the costs that can pile up based on the complexity of the case.