our team of experienced family law attorneys specializes in guiding clients through the divorce process in the united arab emirates_
Which law applies in which case_
It is no secret that United Arab Emirates have the highest rate of divorce in the GCC. According to the recent statistics the current cases in UAE has increased by 40% among the expats, 7% among Emirati couples and 25% among Emiratis married to expatriates.
“Love is without boundaries“; alas, so is also divorce. The problems and barriers people will face if they are going for a divorce are countless, in particular when it comes to a divorce between expats. Already being in an emotional turmoil two adults are confronted with all kinds of legal hurdles, they have to take.
Marital infidelity, poor communication, job loss, financial strain, religious and cultural differences, lack of social and emotional support, unrealistic expectations, social media, incompatibility, and so on has been cited as some of the main causes leading to marital discord and to the eventual dissolution of marriages.
Divorce, like any other matters of family law, is either governed by UAE law, Sharia law or by the individuals home country. If the parties are from different countries, the applicable law is the one from where the marriage was solemnised. In UAE the first step in filing for divorce is to register the case at the Moral and family Guidance Section of the Dubai Courts.
Under the guidance of an appointed counsellor attempts are normally made to reconcile the divorce issues. But if both parties are adamant about the divorce, then the case is forwarded to the courts. Situations when one desires to reconcile while the other doesn’t will still end up being forwarded to the courts.
Our lawyers in the UAE are specialised in divorce, separation, custody, and financial settlements in the UAE and Internationally. Our family lawyers will provide you with a consultation how to protect yourself if you marriage has broken down.
The kind of divorces under Sharia and UAE laws broadly fall under two categories. One being the mutual consent divorce or non-mutual consent divorce. Mutual consent divorce is one where the parties mutually agree to end their marriage. Our expert lawyers fluent in Sharia Family matters make the entire process for our clients as simple and transparent as possible.
A settlement agreement is drafted for this process, based on the laws of the UAE and which can later be enforced against the party in breach of the same. The contract drafted will be agreed between the parties before being signed and presented to the court. All couples must go through the reconciliation committee which precedes the settlement agreement where the committee, in the interest of society and the respect for the institution of family decide to give the couple their last chance to reconcile the marriage.
One must be clear when he or she decides to initiate with the proceedings for divorce. For expats its important to seek legal advice before appearing in court. In situations where the home country laws does not fully support or cover certain aspects of the divorce procedure then the Dubai courts would apply UAE law in that case.
However in choosing the jurisdiction its very important to seek legal advice. We at CRESCO Legal would advise you which jurisdiction either UAE or you home country is the most appropriate for you in terms of cost, timescale and outcome. We believe that the stress associated with a divorce can be minimised with the right guidance and legal expertise. With our local experience, strategic and supporting team we can offer efficient and effective assistance to both Muslims and non-Muslims living in the UAE.