A mutual divorce in Dubai occurs when both spouses agree to the dissolution of their marriage, and the process is based on mutual consent.
It can be simpler and less contentious than other divorce procedures, but legal requirements and specific procedures must be followed.
This article provides a detailed look at mutual consent divorce in Dubai, including relevant laws and procedures under the Federal Decree-Laws of 2022 and 2024.
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Mutual Divorce in Dubai
Mutual divorce refers to a separation process in which both spouses agree, making it more amicable and less contentious.
Either spouse can initiate this type of divorce, and both parties must consent to the divorce for it to proceed smoothly.
Two key laws in the UAE govern the process, each applicable to different groups of people, ensuring that everyone’s rights are respected during the divorce.
While both laws offer pathways to divorce by mutual consent, the process and requirements vary based on the personal status of the individuals involved.
UAE Personal Status Law Khula’
The Federal Decree-Law No. (41) of 2024 (UAE Personal Status Law) outlines the procedures and requirements for Khula’, a form of divorce initiated by the wife, but with the husband’s agreement to the terms.
Khula’ is essentially a mutual agreement where the wife requests a divorce in exchange for a consideration that the husband accepts.
This consideration can include property or a portion of the dowry. However, it cannot involve waiving children’s rights, maintenance, or custody.
Khula’ is considered a minor irrevocable divorce, meaning that the wife cannot be taken back during the waiting period unless a new marriage contract is formed.
The spouses must document the Khula’ at the competent court within 15 days, and any interested party can prove it by any means of proof.
Read more about Divorce Law in the UAE for Muslim Expats and Divorce Over Maintenance Failure in the UAE.
Civil Personal Status Divorce by Unilateral Will
Under the Federal Decree-Law No. (41) of 2022 (Civil Personal Status Law), both men and women have the right to request a divorce unilaterally.
This law allows either spouse to request divorce without needing to prove harm or assign blame. The court will make a decision once the other party is notified.
This provides a streamlined and fair process for individuals seeking to end their marriage, whether mutually or unilaterally.
If both parties mutually agree to divorce, the procedure is typically less contested. They only need to express their intent, and the court will proceed with the formalities.
The divorce is finalized when the court issues a decision after the required notifications have been made.
Read more: Comprehensive Guide to Divorce in UAE for Expats.
If you are interested in more articles about divorce, here are some recommendations:
- Getting a divorce in UAE.
- Divorce of a Pregnant Wife in UAE: Rights and Laws.
- Divorce Due to Impotence in the UAE – Legal Guide.
Legal Services for Mutual Consent Divorce in Dubai
Our lawyers and legal consultants in Dubai specialize in providing expert legal services for individuals seeking a mutual divorce in Dubai.
Our experienced divorce lawyers can guide you through every step of the process, ensuring that all legal requirements are met.
We offer assistance with:
- Khula’ Divorce Procedures: We help women seeking Khula’ to understand the requirements and the types of consideration that can be exchanged. Our lawyers ensure that all conditions are properly fulfilled, and the divorce is documented legally.
- Court Representation: We represent clients in court during the divorce process. Whether you are seeking a mutual divorce or an uncontested divorce, we handle the legal proceedings to ensure a smooth process.
- Legal Documentation: We assist in preparing and filing the necessary documentation for divorce in Dubai, ensuring compliance with all legal formalities and deadlines.
- Custody and Maintenance: We provide advice on issues related to child custody and maintenance, ensuring that the rights of both spouses and children are protected during the divorce process.
- Mediation Services: If needed, we can help mediate between the spouses to reach a mutually agreeable solution, saving time and minimizing conflicts.
FAQs about Divorce with Mutual Consent in UAE
If you are considering a mutual divorce in UAE, our law firm is here to provide the legal expertise you need for a smooth and efficient resolution.
Contact our lawyers in the UAE for expert support. Click the WhatsApp icon below.
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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.
