Divorce Procedures

Divorce Procedures

The Divorce Procedures

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First the Case should be registered by any party at the Family Guidance Department in one of the Emirates. Where the coordination between the parties shall be done and the schedule of a meeting with the family guide.

The meeting with the family guide is mandatory for the completion of the divorce procedures in the UAE, the married couple are allowed to express their fears related to marriage in the event of absence of their representative.

At this stage the married couple can reach an amicable divorce, where the parties will draft a settlement based on the mutual understanding between them to be signed by the family guide.

If one or both of the parties insist on the divorce, the family guide submits a referral letter to allow them to appear before the court to initiate the divorce case.

The aforementioned referral letter can be submitted before the court at any time during three months of the date of issuance, the divorce procedures shall be in accordance with the discretion of the Court, each party submits the evidences against the other party in addition to the defense of each.

Divorce laws for Muslim married couples

Islamic marriages are conducted in accordance with the Islamic law. Sharia / UAE laws apply to the divorce of a Muslim husband and wife residing in the UAE and If the husband is a Muslim and the wife is not Muslim

Non-Muslims and migrants can apply a divorce request either in their own countries or in the UAE.
If the parties wish to apply the effective divorce law in in their countries, they must submit a request before the court, as states in Article No. 1 of the Personal Status Law No. 28 of 2005:” the provisions of the law shall be applied to UAE citizen unless non-Muslims have special provisions for their sects. The provisions also apply to non-citizens unless they did not adhere to the application of their law”

This means that the concerned parties may request the application of their own laws on matters of personal status.

In the divorce cases where the husband and wife are different nationalities Article 13 of the UAE Civil Transactions of 1985 shall be applied which states that :” The law of the country to which the husband belongs shall be applied at the time of divorce”

The Article also states that the law of the State to which the husband belongs at the time of marriage applies to the personal effects and funds related matters according to the marriage contract.
If the applicable law in the country of the parties is not part of the divorce procedure the court shall apply the law of the United Arab Emirates.

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“Divorce Procedures”