Sara Ibrahim Advocates & Legal Consultants is focused on the suitable delicate handling of all legal matters with regards to advising clients and attestation of documents to associated parties. Get an expert legal advice from your trusted Family Law Firm in Dubai.
Our Success Rate
Years of Combined Experience
In this article, we aim to explain the procedures focusing on how to get divorce in UAE. People often approach divorce proceedings with a lot of apprehension and discomfort. One of the common misconceptions that many people tend to have is that divorce proceedings would be a lengthy and complicated process and are uncertain about how to file for divorce in UAE. People are often uneasy about whether they would be required to record personal statements discussing their personal issues that they are not comfortable with and might even find embarrassing. In other instances, it could be apprehensions concerning the cost of divorce in UAE and sometimes angst due to misinformation concerning UAE divorce law.
Contrary to a lot of misinformation about the divorce procedure in UAE, the divorce procedures can be devoid of complications, especially if you are ably guided by expert divorce lawyers in Dubai. The terms of separation during a divorce process are either mutually agreed upon between the parties or are contested before a court of law. In addition, further complications occur when the personal laws of the parties, which are quite often different from the UAE sharia law, is to be taken into account. Receiving proper guidance and legal advice becomes detrimental to ensure a smooth and effective separation that allows you peace of mind knowing that you have been advised correctly.
Procedure for mutual divorce proceedings in Dubai do not involve any potentially uncomfortable or embarrassing instances, and parties are quite often provided a clean break. However, prior to confirmation of a mutual divorce, especially for ex-pats, the parties are required to enter into a written settlement agreement which encompasses various rights and obligation, including but not limited to financial assets, custody rights, custody alimony, Child visitation rights etc. The settlement agreement once signed, becomes conclusive and effectively governs all future aspects. Entering into a comprehensive settlement agreement without receiving proper advice from able lawyers who have vast and extensive experience in handling divorce in UAE for ex-pats can often lead to lasting damages which are not easily amendable.
Custody means day-to-day upkeep and taking care of the child. In matters of legal separation or divorce, the court decides which party will be assigned as the ‘custodial parent’. In these circumstances, the non-custodial party has to apply for visitation rights. The general rule as far as custody is concerned is that it should be with the mother until the male child is 11 years old and the female child is 13 years old. However, this general rule has many exceptions, and it is safe to say that the court looks for the betterment of the child or children involved. Under the personal status law, the father is awarded with the right of guardianship which makes the father responsible for providing for the child morally and financially.
In certain circumstances the court will provide for ‘joint custody’ which allows both the parents to have the child with them for equal amount of time.
In divorce and child custody matters, the court determines each parent’s financial responsibility for the children involved based on each party’s finances and establishes the sum of money to be paid by one party to the other.
Under Personal Status Law, the husband and the father is liable to pay towards all expenses of his wife and children regardless of the woman’s financial standing and income.
When it comes to claiming financial support from the husband, the most important aspect of this is to prove the husband’s income. The income of the husband shall determine the amount of the maintenance paid towards the children and the one-off lump sum amount to be paid to the wife.
Parental child abduction is a criminal offence in the UAE and if you fear that the child might face risk of parental abduction, you can file for child custody and impose travel bans on your child,
“Custody and guardianship of a child are defined by Federal Law No (28) of 2005 concerning Personal Status, the mother is the natural custodian of the child, unless otherwise specified by the court, and the father is the guardian who holds the rights of supervision and maintenance of the child”.
Under the UAE family laws, in father of the child being the legal guardian possesses the right to impose travel ban on the child and similarly the mother of the child can make similar requests if she fears that her spouse may abduct the child.
In instances wherein travel ban has been imposed on the child, either parent can request the court to rescind the order of travel ban by submitting a guarantee of a child’s safe return to the UAE. The court will view your case on its merits and will take the decision base don’t he child’s best interest.
Adultery is a recognized ground for divorce in the United Arab Emirates. When an act of adultery is committed in marriage by one partner, it constitutes one of the most excruciating experiences that any person can go through.