Mutual Consent Divorce is one in which the spouses agree to divorce amicably, without any problems or legal issues, and with the intention to remain friends and not forget the beautiful days they shared. However, Mutual Consent Divorce in UAE is subject to a set of rules and laws that both parties must adhere to when they wish to divorce. From our position, we will provide you with the best information about it, so if you are interested in the details, continue with us in this article.
What is Mutual Consent Divorce in the UAE?
In the UAE, a Mutual Consent Divorce is a written agreement in Arabic where the wife initiates the divorce request without the husband’s opposition and with his agreement, or by the husband, or both. The essence of consensual divorce lies in the amicable nature of the separation and the documentation of this amicability in a document that ensures the fulfillment of the agreed conditions.
According to the Personal affairs’ law, a consensual divorce can be either revocable with a single pronouncement or irrevocable with three, where reconciliation is impossible. Our firm has represented many clients in consensual divorce cases in the UAE, with the most common reasons for divorce being:
- Frequent disputes and irreconcilable differences that make continued cohabitation impossible, ultimately leading to an agreement on amicable separation to prevent further harm or disputes.
- A defect or illness in one party, for example, infertility in either the husband or wife, which prevents the other from building a family, leading to their mutual agreement to end the relationship.
- Repeated absences by one party, hindering the normal conduct of marital and family life, where an agreement on separation is also possible.
- Incompatibility due to one party’s unbearable or unacceptable behavior, prompting them to seek divorce, which is not opposed by the other party.
Certainly, there are many other reasons that vary with each couple’s personalities and circumstances, but the above represents the most common scenarios for seeking a Mutual Consent Divorce in the UAE.
What Are The Conditions For a Mutual Consent Divorce?
Despite the flexibility of Mutual Consent Divorce Procedures in the UAE in state courts compared to others, a set of legal conditions must be met for a divorce decree to be issued. The key requirements for a Mutual Consent Divorce are:
1. Adherence to the procedures and steps in sequence, without bypassing the family guidance department and going directly to the specialized court.
2. Submission of the consensual divorce agreement document including its conditions such as:
- Written in Arabic, and translated if submitted by foreign residents and well-drafted.
- Including a declaration of the wife receiving all her entitlements and a discharge of liability.
- Containing conditions if the consensual divorce agreement is restrictive and not simple, as consensual divorces are categorized into free and beneficial.
- Statement of the dissolution of the marital bond.
- Detailing the situation and acknowledging the decision to divorce.
- Signatures of both spouses.
- Attachment of required documents.
3. The obligation to include the personal identity of both spouses and the consensual divorce agreement document, files under the spouses’ names (for expatriates), passport, and others.
4. Renunciation of the right to challenge the issued decree before any judicial body.
Mutual Consent Divorce Procedures in the UAE
If the spouses agree to proceed with a Mutual Consent Divorce, they must draft a divorce agreement, and then register the case with the family guidance department in the emirate where they reside. The family counselor will then schedule a meeting with both parties to discuss and attempt to reconcile their differences amicably.
Should the family counselor be unable to achieve reconciliation, they must transfer the case to the court, along with their recommendation and all documents provided by the spouses to the family guidance committee, notably the marriage contract and the consensual divorce agreement.
Once the matter is presented to the judge at the competent court, the judge will attempt to mediate between the spouses. If the spouses insist on their agreement to proceed with the consensual divorce, the judge will review the terms of the agreement, ensuring it contains no legal or ethical violations.
The judge will then issue a divorce decree based on the agreement made between the spouses. It is the judge’s responsibility to ensure that the agreement was made without coercion and that both spouses had the legal capacity to enter into such an agreement.
Wife’s Rights After a Mutual Consent Divorce
Some may believe that in a Mutual Consent Divorce , since it occurs amicably, rights, especially those of the wife, would be waived. However, this belief is entirely incorrect as the wife retains her full rights after a consensual divorce, including alimony, housing, custody, and deferred dowry.
It is crucial that she ensures her rights are fully secured before declaring in the consensual divorce document that she has received them. Thus, a consensual divorce does not negate the wife’s rights; on the contrary, it can in some cases stipulate specific rights in the consensual divorce agreement document.
However, it is highly advisable to seek assistance from a lawyer experienced in consensual divorce cases in the UAE.
Note: Any waiver of the legal or Sharia rights of either spouse is considered invalid in such an agreement, such as waiving the mother’s custody rights in the presence of children.
Important Advice for Mutual Consent Divorce
Some may overlook certain conditions or procedures when initiating a Mutual Consent Divorce case. Although some of these might seem simple, it’s crucial always to pay attention to the following:
- Ensure the agreement complies with the required conditions (it should be reviewed or drafted by a lawyer).
- Attach all required legal proofs, papers, and documents.
- Ensure that the steps of the consensual divorce are followed in order.
- Make sure the case is registered with the family guidance department.
- Read every clause of the agreement carefully and inquire about anything unclear from the other party or their lawyer.
From the above, we see that consensual divorce cases appear flexible, do not take much time for the court to issue its decision, yet every step requires sound legal advice. Therefore, do not hesitate to contact us so we can guide you to the right consultation and resolve your case with justice and satisfaction.
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Sample Mutual Consent Divorce Agreement
The “Legal Services UAE” will provide you with the best format for a Mutual Consent Divorce agreement as follows:
On the day of …………, date …………, this agreement was entered into between the parties:
First Party: Mr. …………, as the husband, nationality …………, address …………
Second Party: Mrs. …………, as the wife, nationality …………, address …………
Preamble of the Agreement: Whereas both parties wish to terminate their marriage contract, documented under No. …………, date …………, due to the impossibility of continuing marital life and reaching a deadlock.
The parties have agreed as follows:
- The preamble of the agreement is an integral part of it.
- The first party (husband) grants the second party (wife) a single divorce.
- The second party (wife) will receive her full deferred dowry and absolve the first party (husband) of all rights related to alimony and dowry items.
- Custody shall be granted to the second party (wife).
- The first party (husband) is required to provide child support for the child in the custody of the second party (wife).
- The first party (husband) is entitled to visit the child at the second party (wife)’s residence twice a week, on Mondays and Thursdays, from 3:00 PM to 6:00 PM.
- Joint decision-making regarding the child’s upbringing and education.
- The second party (wife) may not travel with the child without the consent of the first party (husband).
- The agreement is drafted in two copies, each party receiving one.
First Party (Husband): ………… Signature: …………
Second Party (Wife): ………… Signature: …………
Frequently Asked Questions About Mutual Consent Divorce Procedures in the UAE (FAQ):
Can a wife be taken back after a Mutual Consent Divorce ?
Yes, a wife can be taken back after a Mutual Consent Divorce in the UAE if the divorce is either the first or second instance. This can be done during the period of ‘iddah (waiting period) for a revocable divorce without the need for a new marriage contract and dowry. However, if the divorce becomes irrevocable, she can only be taken back with a new contract and a new dowry.
What are a woman’s rights if she requests a divorce?
If a woman requests a divorce for valid reasons under the UAE Personal Status Law, such as the husband contracting a repulsive, infectious, or severe disease, or due to harm and strife, and she can prove such harm, she will receive her full rights without deduction. Moreover, she may also receive compensation for any material and moral damages inflicted by her husband.
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