Divorce Process under UAE Law

1. Divorce Process under UAE Law: Mr. Hassan Elhais While divorce is permissible in Islam, Sharia law makes it complicated for squabbling couples to end the courtship unless the judge is completely convinced that the marriage will not work. If we talk about UAE, divorce cases in the UAE are governed by the Islamic Sharia law. When you and your partner finally come to a conclusion to part ways, the very first step in the divorce process is to register a case at the Moral and Family Guidance Section at Dubai Courts. Then a counselor will meet the couple and discuss their problems. They are then given a three-month time to try and solve the problems, before beginning the divorce process. If the couple, or either of them, still insists on divorce, the papers will be forwarded to the court. The couple can also have a word with any of the family lawyers in Dubai for details of the procedure. The judge will discuss it with the couple and listen to witnesses. It could take some time of sessions before the judge makes his decision. It is not important nor mandatory that the couple attend all the proceedings. Non-Muslims living in Dubai can file for divorce either in their home country (domicile), according to the jurisdiction rules or in the UAE. If they choose to divorce from Dubai Courts, then the Sharia law will prevail, in terms of child custody, alimony or division of assets. The most important thing you need to do is to get in touch with a reputed divorce lawyer in Dubai, who will try and work out an amicable settlement for both sides. Sharia courts in the UAE accept divorce petition from Muslim men of various nationalities. Non- Muslim women married to Muslim men can also apply for divorce at these courts. There are certain conditions to apply for divorce. The first thing is you should be of sound mind and be able to make your own choices. According to UAE Sharia Law, a woman can obtain a khula - a separation, when she returns the dowry to the husband. A woman may be granted a divorce if she can prove that her husband has physically hurt her or mentally tortured her. A woman can also file a suit for divorce if her husband abandons her for a period of four months, or if he has not taken care of her needs or that of their children. Marriage between muslim women and non-muslim man is invalid in the UAE.

2. If the divorce applicants are both Muslims, but from different countries and are residents in the UAE, they will be divorced according to the administrative laws in their country, or the UAE law, whichever they wish. While Sharia is same in all Muslim countries, there are a few differences between the various schools of thought.