Divorce in UAE for Expats , particularly for Muslim couples, is regulated by the UAE Personal Status Law (Federal Law No. 28 of 2005). Expats also have the option to apply the laws of their home country if both parties agree.
If you’re planning to file for divorce in the UAE as an expat, this article provides a comprehensive guide, covering everything from A to Z in accordance with Federal Law No. 28 of 2005.
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Types of Divorce in UAE for Expats
Under the UAE Personal Status Law, there are three main types of divorce for expats:
- Mutual Consent Divorce
- Divorce for Cause (Harm)
- Khula Divorce (Divorce Initiated by the Wife), and you can red more about Cost Related For Khula in Dubai
Below is a detailed explanation of each type:
Procedures for Mutual Consent Divorce in UAE for Expats
A mutual consent divorce is the easiest and most cost-effective option, requiring less time and effort. The steps include:
1. Opening a Family Guidance File
The first step involves filing a case with the Family Guidance Division of the court in the emirate where the couple resides.
2. Attending Family Guidance Sessions
Both spouses must attend these sessions. The court-appointed counselor will attempt to mediate between the spouses and resolve their issues amicably. If reconciliation is achieved, the agreement is documented as an enforceable order. If not, the case moves to the next stage.
3. Drafting the Mutual Divorce Agreement
If reconciliation fails, the couple drafts a divorce agreement in Arabic, detailing terms such as alimony, custody, and other mutually agreed conditions. The agreement must clearly express the spouses’ consent to all terms.
Our office provides legal assistance in drafting mutual divorce agreements. Contact us today to consult with an experienced lawyer.
4. Legalization of the Mutual Divorce Agreement
The agreement is submitted to a judge for verification. The judge ensures the terms are legally valid, that both parties consented without coercion, and that they meet all eligibility requirements. Upon approval, the agreement is formalized based on the agreed terms.
Related Article You May Find Helpful: Comprehensive Guide to Divorce Law in UAE for Muslim Expats
Procedures for Divorce for Cause (Harm) in UAE for Expats
Divorce for cause requires evidence of harm and involves the following steps:
- Opening a File with the Family Guidance Division
Initiate the case with the Family Guidance Division in the emirate where the couple resides. - Family Guidance Sessions
Both parties must attend sessions where mediators attempt to resolve the conflict. If reconciliation fails, the case proceeds to court. - Court Proceedings
The court reviews the evidence of harm. If proven, the judge grants the divorce. If evidence is insufficient, the court may appoint arbitrators from the spouses’ families, or external arbitrators if the spouses are expats. - Role of Arbitrators
Arbitrators attempt to reconcile the couple. If unsuccessful, they submit recommendations to the court regarding the divorce and fault attribution. - Issuance of Divorce Certificate
If the court rules in favor of divorce, a divorce certificate is issued. The couple can authenticate the certificate with the UAE Ministry of Foreign Affairs and their respective embassies for recognition in their home country.
Furthermore, you can read the details of a legal case that actually happened about Rights of the Wife After Divorce in UAE.
Costs of Divorce in UAE for Expats
The costs of divorce for expats vary based on factors such as case complexity, type of marriage (civil or religious), and legal fees. Key components include:
- Court Fees
- Attorney Fees: Starting from AED 10,000, depending on the case complexity and duration.
- Translation and Notarization Fees: Required for documents in different languages.
Disputes over custody, alimony, or asset division may increase overall costs. Consult with a specialist lawyer to estimate expenses accurately.
FAQs on Divorce in UAE for Expats
Is Family Guidance Mandatory?
- Yes, attending Family Guidance sessions is a mandatory step in the divorce process for expats in the UAE.
What Happens to Child Custody After Divorce?
- The UAE law grants custody to the biological mother until the children reach the legal age. Fathers can request custody after this period.
Can Expats Apply Their Home Country’s Divorce Laws?
- Yes, expats can request the court to apply the laws of their home country during divorce proceedings.
Expert Divorce Lawyers in UAE for Expats
If you’re seeking an experienced lawyer for Divorce in UAE for Expats, contact our office today. Our legal team specializes in handling expat divorce cases and offers comprehensive legal guidance. Click the WhatsApp button below to book a consultation.
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Senior Legal Consultant with extensive experience in providing specialized legal advice in various fields within the United Arab Emirates. He specializes in commercial, criminal and personal status law cases, and works on representing individuals and companies in complex cases and legal disputes.
