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Divorce in UAE

Divorce has become a thriving trend all over the world, and UAE is indeed no outlier. According to the reports in newspapers, divorce rate is highest in UAE amongst in the Gulf region. Reasons for this high rate in the country incorporates: marital infidelity, job loss, poor communication, financial strain, religious & cultural differences, social media, generational change or unrealistic expectations, etc. The end of an espousal is a heart-rending one and the stress can be escalated further if one party or both the parties of fling the divorce are not familiar with the legalities. Getting an annulment in UAE can be incredibly swifter and simpler compared to our home county, due to this many of the expats choose this place to file a divorce suit more willingly than their motherland. In order to help those personal, who are enduring irrevocable marital problems, heresy the helpful guide of filing a divorce suit in UAE.

The guide comprises the ensuing information:
Getting a legal separation in UAE is not an uncommon event; nevertheless, UAE has topmost rate of divorcement in Gulf region. According to Statistics Centre in Dubai, in 2018, 984 divorcement certificates were rendered. The Personal Status Court look after both expats and Emiratis and can deliver an annulment certificate in as less a month. The procedure is usually straight on and includes counseling, settlements and appearances in the court.
You will have to observe many factors, when you go for a divorce in UAE and the prominent among them all is – why the pair is instigating for the divorce? The reason whatever may, you will have to satisfy certain conditions. Even though there is no such requisite period of time for separation, either one of the couples must have a resident visa here in UAE to file a divorce suit. An individual of any nationality or any religion can apply for a divorce in UAE. In the event, where both the partners are not able to reach into an accord, then the divorce procedure would need to be processed through the respective court. In such circumstance, it will be considered as a contested one, so that the party who initiates the divorce must have to provide the reason with explanation and prove the same. There mut be plenty of reasons why a pair might choose to terminate their marriage contract. Reasons for this might be: marital infidelity, job loss, poor communication, financial strain, religious & cultural differences, social media, generational change or unrealistic expectations, etc. However, these all don’t establish legitimate grounds for separation, like mental disability, failure to pay dowry and physical disability. It is essential to mind that your cause for separation could have unintended impacts as well. For instance, while infidelity provides legitimate grounds for acquiring a divorcement, it is considered as a criminal offense too in UAE, so obviously the alleged philanderer could be subjugated to prosecution and deported after the judgement on divorce. So, it is advisable to go for an amicable settlement than contested divorce in UAE.
Unfaithfulness is accountable for the breakup of many of the marriages worldwide, including UAE. In UAE, holding illegitimate affair or any sexual relationship without getting wedded is felonious by law. Proving infidelity could be hard as you may need substantial evidences than doubts and scintilla of evidence. It needs solid evidences, like photographs, eyewitnesses, phone records etc.
When the petitioner, who has been abused in this marital bond from the other party, has to take extra steps in the event of divorce case. Abuse in this context can either be mental or physical, but both establish reasons for divorce. substantiating the allegation, the petitioner must furnish medical reports. In addition, two witnesses must support the said accusations.
Legally, desertion/abandonment is when one side gets out of the wedlock without the consent of other side. The desertion ought to be of certain period for gaining the legal ground on this matter.
The bright side of getting separated in UAE is – if you are a female, you don’t need to leave the UAE after the divorce as per the recent visa rule introduced by UAE for the female divorcees. This new rule permits the female divorcee along with her children to stay here in UAE for a period up to one year after the divorce, which even can to be extended to two years. In the case of husband sponsored by wife, this rule is not applicable, subsequently husband’s visa under wife sponsorship will be cancelled during the divorce and he must obtain a work visa or investor visa in order to stay in the UAE.

As a matter of fact, if both the parties could reach a brisk settlement, this process takes just only a month, which is called divorce by mutual consent. Once the parties reaching into an amicable agreement, there are no legal grounds to dig out, so the process becomes easier and less time-consuming.

The primary step in the divorce procedure is conciliation. At this point in time, the pair would try to resolve their dispute or relatively reach an agreement. Documents you need to show there are – marriage certificate, passport, and visa for both the parties and children (if any), which all are translated into Arabic. This stage lasts for three months only and if it is not resolved during that time, there are two means to proceed –

In such a case, where both the parties couldn’t reach an agreement, this very case will be transferred to the court of First Instance. After filing it, the defense will respond and the plaintiff will counter, which will continue so long as the necessary time period for the respective Judge to conclude the case. Once the judgment is pronounced, both the parties will have 28 days’ time period to appeal. The procedure of the Appeal Court is similar to the First Instance Court only except that it is presided over by three judges instead of one. Once the final judgment is pronounced, the case moves to the court of Cessation and the court reviews all the documents with respect to the case to make sure the due process. New pieces of evidence from either party will not be accepted in this stage. Finally, this case will go before Enforcement Court, which executes the judgment.

Things to review when obtaining a judicial separation in UAE

Under the law in UAE, the custodian is child’s mother only, although the guardian is the father. Custody from a mother, includes day to day care, education, religious guidance, medical treatment and accommodation and the expenses of all these must be borne by the father who is the guardian. To get the custody of a minor child, mother must vindicate her rationality, maturity, honesty and free from contagious diseases and capable to raise the child. Besides, she will not be in a position to marry again devoid of the permission from the court. In some rare cases, custody goes to father if he has got a woman to care the child, like a lady relative at his home to care the child.
Another additional aspect of consideration is property and related other assets in Divorce. In general, each party can retain all their assets or property that are on their name but in the case of joint assets, like joint bank accounts, will be divided by the judge equally between the two parties. Judges preferably assign a marital home for the custodian to ensure that the offspring can sustain a normal life, while their folks undergo a divorce.
Once the judgement of divorce is finalized, the husband ought to support his ex-wife financially. He must provide his ex-wife and children for clothing, food and appropriate accommodation. In addition to this, he must cover expense for the education of children and remuneration of home employees, such as driver and maid. Spousal maintenance cost can go up to the maximum of 30 % of the income of her husband and he can pay more than this if he wishes to do so. On the other hand, wives do not need to render any kind of support to husbands. Likewise, a wife forfeits her right to sustenance under such conditions, like if she abandons her marital home, refusing her husband for sex or declining to travel along with him.

Mediation has become a popular option for the pair to get divorced in UAE. The reason for choosing mediation is an option is – lower costs, quick resolutions, increased flexibility and reduced acrimony. Usually, mediation demands both the parties must attend many meetings – of many hours – each for discussing relevant problems, for reaching an agreement. Once the couples agree to an arrangement, the divorce process can be expedited in the court.

Civil partnerships/marital partnerships are recognized here in UAE but not in all the cases due to the predominance of Sharia Law. In such cases, Marital/Civil partnerships within certain people become void. This includes homosexual partnerships and for the couples, where the man is non-Muslim and the female is Muslim.

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