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How to get a divorce in UAE

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Divorce, though is not a happy word, may be the only option for some couples. UAE has been rated as having the highest divorce rates in the Middle East. While residing in the UAE, if you decide that getting a divorce is the best solution, you will have to follow the below procedures.

Divorce in Dubai

The first step is to approach the Moral and Family Guidance Section at the court. The Sharia Law makes it quite difficult for a couple to get a divorce. The Judge should be fully convinced that there is no way for your marriage to work out and granting a divorce is necessary.

Divorce in Islam

Who can apply to Sharia courts?

Muslim men of various nationalities and Non Muslim women married to Muslim men can apply for divorce petitions in Sharia courts. The person filing the divorce case should be of sound mind and should be able to take decisions on his/her own.

Reasons for divorce

After filing for a divorce, the couple will be assigned to a counselor, who will approach them and discuss on the reason for divorce. After the counseling session is over, each couple will be given a three-month period to reconsider their decision. It is not possible to approach the court directly without a recommendation letter from the Family Guidance Section.

Once the three-month period is over, if the couple involved still insist on proceeding with the divorce, their papers are forwarded to the court. The couple will have to present their copies of passport, residence visa, marriage certificate and other required documents. The documents should be translated to Arabic. It is better to have a copy of a mutual agreement between the husband and wife, in both Arabic as well as English. The mutual agreement makes the divorce proceedings faster and easier.

The Judge takes his time to study the case and appears for the case. Both the parties involved in the divorce need to be present in all the sittings. The Judge, again, will discuss the case and try for reconciliation. The witnesses, if any, will also be called to court. There may be a number of sessions before the final judgment.

In UAE, there is an option for women to obtain a Khula- a separation from her husband. In this case, she will have to return the dowry. This option is similar to Talaq sought by men.

If the divorce applicants are from a different country and reside in UAE, they can get a divorce as per the administrative law in either UAE or their own country. This is their choice.

If the couple is non-Muslim, they can seek divorce according to the divorce law of their country, at the embassy or consulate.

A woman can file for divorce if she can prove that her husband has physically or mentally tortured her, or if he has not taken care of her / her children for a period of three months.

According to Sharia court, husbands can send written letters to their wives stating that they have been divorced. It is said that now SMS, emails or phone calls can be used for Talaq purposes. The wife can approach the court for a separation if any of the above methods have been used.

Once the divorce proceedings are completed, the parties involved should take necessary steps to change their new visa status with the General Directorate of Residency and Foreigners Affairs

Divorce and children

When disputes of the child’s custody prop up between parents, the decisions about the custody are based on Sharia law. If a resident of UAE who is not a UAE citizen and is married to either a UAE national or a resident who is not a UAE national, can file custody cases in the UAE. Non-residents can also file cases pertaining to custody in UAE. For this they will have to authorize a UAE resident or a lawyer who is practicing in the UAE to act on their behalf for the duration of the case.

Links to Divorce Attorneys in UAE

http://www.hg.org/law-firms/Divorce/United-Arab-Emirates.html http://www.hg.org/firms-United-Arab-Emirates.html

For further information, please visit: http://dubai.ae/en/Lists/Articles/DispForm.aspx?ID=99&category=Citizens

Comments

  1. I have a sister she marrige Sudanes befor five years they are leave togather but they don’t have child , last year she change her visa under him sponser ship , he did not help her she is working like housekepeer , know she want divorce , when she ask him he is agree , but he told her ” first he want to go court for divorce ” she is know afired to much , she want first change visa some company they want to make visa for here , when she ask him to cancel the visa first he did not agree she think ” if I divorce first he will make me problem , which means may be he will send her in home land she is ETHIOPIAN , please if you have smoe Idea tell as thanks and best regards

  2. Hi, i am a filipina married to syrian, and have 2 daughters, can it be considered a mental/physical torture if my husband cheats on me?with another filipina. And stating he will divorce me as a defense when we argue? I’m sick also of his mother to treat me as maid,compare me with Syrian girls,and talk to other Arabic girls in selection of new wife for my husband everytime im with her.please help me with this cause they are always explaining this is Halal by Muslim way. I converted to Muslim and accept Allah… In my belief what they do to me is not halal in any ways… Respectfully waiting for your response.. Thank you.

  3. I am a muslim woman married to a muslim man under the sharia law. Married now for 15 years extremley unhappy. He mentally abuses me and now when i speak my mind he shouts and kicks up hell slamming doors and bullying me infront of the kids.

    I need to know what documents i need to file for a divorce. I believe he is having mutiple affairs however at present no proof. We have not been intimate for over 3 years and for the last 8 years do not sleep in the same bedroom.

    I am fed up and very unhappy with this man.
    I ask for some clarity on what documents i need to divorce him.

    Thank you.

  4. I have married to a Syrian (Muslim) girl, we spent last 4 years of married life but we are not happy with each other, we have 3 daughters. I could give her divorce long time back but because of 3 babies I could not take any step.

    But now I feel enough is enough I want to divorce her, she is house wife and under my sponsorship and keeping Syrian passport.

    I am Indian national (Muslim) and my 3 daughters also having Indian passports their age 2 years (TWINS) and 8 months respectively, just I want to know in case of divorce what will be babies future.

    If I am going to settle back india and cancel my all liabilities from this country, can I take my babies back to my country as ultimately it is their country as well, regardless to their age.

    • Dear Adnan

      Your case is simple, you must try to save your mairage but still in case you can save it, only one case you can take your daughters once you will leave this country.

      No shria, No court allowed babies to live far from their father if their mother have another nationality.

      You can file a case or simply leave this country.

      Hope this reply will support you.

  5. I am an indian, christian religion and marriage was in india. Me and my husband resides in dubai. Can I apply divorce in dubai.

  6. I’m a Hindu female married to Hindu male. Both r from India. We got married under Hindu marriage act in India. Due to conflict I want to Divorce him and get legal custody of my 14yr old only daughter. How do I proceed? I want to atleast begin ASAP with legal separation until divorce during which I wud hav legal custody of daughter.

      • Can the wife be denied custody of any children if it can be proven that she is of loose moral character, has lied and cheated and is only after money. There is also evidence available that wife comes from family with mental disorders. Many thanks!

          • Thank you very much for your response. Having sought the right legal opinion I understand that based on the evidence available the laws can be very strict regarding her behaviour and illegal relations. This is also for the reference of others.

  7. hi everyone, i am a filipina and i want to know how to apply a divorce here in dubai, i was separated for my husband almost 13 yrs ago, and he is already with another woman and having 3 kids, so it is possible to divorce him while he is in Phillippines?

    • Hi, I have a same question about you. Could you tell me if you ever get reply for this matter. Thanks.
      MJ

  8. am Indian muslim 10yrs befr I got divorced in India bt still his name is in my pasprt 1 yr befr 1 guy married me in India Nw I want to give khulza to him he also ready to give divorce if we go through court will they ask Frst divorc certificate? bcz that I lost it. If there is Any other private sectn or jamath is in dubai

  9. Hello!

    My husband is Syrian and I am from Russia ( muslim). We are married for 3 years. When i got pregnant ( 5 months) my husband sent me back to Russia to deliver baby. He promised that he will support me but he never did. Our baby is 1 year and 3 months now, still no support from his father. He lives now with another woman. I opened divorce case against of him. But he is not coming for appointments. How long the court will take if he keeps not appear in the court? Will it take years?

  10. Hi…
    I want to apply for a divorce.. but i find it difficult to approach the court ..my husband is alcoholic, illegal and jobless ..i have 2 daughters to support one is a teenager and the other is 21 and we have a miserable life with him.. i just want to end this so i can have a peaceful Life with my daughters and i gave him many chance to reform please help us…or show me the way to apply for divorce.

  11. Hi, I’ve been divorced from last year in Dubai court but I don’t have a copy of the cancellation of my marriage from the day the divorced happens. Adter our divorce the judge told us to come back in the afternoon to take our copies of divorce and gave the receipt to my ex husband but we didn’t come back to take it. I contacted him and asked him to give the receipt as I want to have a copy of my cancellation of marriage but he can’t find it. Now my concern is how can I get my divorce paper, If I go to Dubai court and tell that I want to take my divorce copy will they give it to me even without a receipt as a proof that I’ve been divorced and it was paid already ?

  12. Hi, I’ve been divorced from last year in Dubai court but I don’t have a copy of the cancellation of my marriage from the day the divorced happens. Adter our divorce the judge told us to come back in the afternoon to take our copies of divorce and gave the receipt to my ex husband but we didn’t come back to take it. I contacted him and asked him to give the receipt as I want to have a copy of my cancellation of marriage but he can’t find it. Now my concern is how can I get my divorce paper, If I go to Dubai court and tell that I want to take my divorce copy will they give it to me even without a receipt as a proof that I’ve been divorced and it was paid already ?

  13. I am a Filipina Muslim married to a Lebanese. Can I apply for a divorce even if he is not in the UAE? because he is in Lebanon now. He abandoned me and my son for almost two years.