What are the most efficient and expeditious procedures for expatriates to follow in order to obtain a divorce in Dubai, UAE?

  • 16 августа 2023 г. 7:16
Ответы на вопрос 1
In Dubai, UAE, the process of obtaining a divorce for expatriates follows the Sharia law principles. Here are the rules, regulations, and the most efficient method to go through the divorce process in Dubai:

1. Jurisdiction: The first step is to determine which country's laws apply to your divorce. Expatriates can choose between applying either the UAE law or the law of their home country. This decision has a significant impact on the divorce procedures and rights.

2. Legal Advice: Seek legal advice from a lawyer who specializes in family law to understand the legal implications, requirements, and options available based on your circumstances. They can guide you through the process and ensure you meet all the necessary requirements.

3. Mediation and Reconciliation: Under UAE law, before proceeding with a divorce, couples are typically required to attempt mediation or reconciliation through the Family Guidance and Reconciliation Section of the Dubai Courts. This process aims to reconcile the spouses and resolve any disputes amicably.

4. Filing a Case: If mediation fails or is not required, one spouse (husband or wife) can file a divorce case at the Dubai courts. The party who files the case needs to have a residency visa (UAE sponsor) and provide proof of reasons justifying the divorce.

5. Documentation: The following documents are generally required: passport and residency copies of both spouses, marriage certificate (attested and translated into Arabic if needed), proof of nationality, proof of mutual consent (if applicable), children's birth certificates, etc. It's advisable to gather these documents beforehand to expedite the process.

6. Registering the Case: Once the court receives the divorce case, a hearing date is assigned. Both parties must attend this hearing. During the hearing, efforts to reconcile may still take place, although the court's main objective is to determine the divorce terms if reconciliation is not possible.

7. Divorce Terms: Dubai courts usually follow the principle of dividing assets according to Sharia law unless a prenuptial agreement exists. Matters such as alimony, child custody, visitation rights, and asset distribution will be decided as per the applicable law and the judge's discretion.

Efficient Method:

The most efficient method depends on various factors such as the couple's mutual agreement, the complexity of issues, and willingness to cooperate. If the couple agrees on the divorce and terms, they can opt for divorce by mutual consent (which may require less court involvement). However, if disputes arise, a contested divorce through the legal system becomes inevitable, potentially resulting in a longer process.

Given the complexity of divorce procedures, seeking professional legal assistance from a reputable family law attorney is highly recommended for expatriates in Dubai, UAE. They will provide personalized guidance and represent your interests throughout the process.
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