Frequently Asked Question:
“I work in the legal field in the UAE and frequently encounter women who are concerned about their rights in the event of a divorce. Many fear that they will face serious issues when filing for divorce in the Emirates. I think it’s important to clarify that UAE law protects women’s rights, especially in such cases.”
Legal Framework:
Divorce in the UAE is regulated by Sharia law, which distinguishes the country from others such as the US or Australia. However, expatriates in the UAE have the right to choose which law applies to their divorce – the laws of their country of citizenship, residence, or domicile.
In the UAE, there are three main options for expatriates:
- Divorce under UAE law: Expatriates with residence permits can file for divorce in Dubai.
- Divorce under the laws of their home country: Divorce can be processed in the country of citizenship if local law allows.
- Divorce in the UAE under home country law: In some cases, it is possible to apply the laws of the home country even while the case is being heard in the UAE, provided the local law permits it.
Divorce Process and Key Aspects
How to File for Divorce:
After consulting a lawyer, one of the parties can approach the Dubai Family Guidance Committee. The first step will be a meeting with a judicial mediator who will try to find an amicable solution. This stage is mandatory and aims to resolve disputes without a lengthy court process.
Fast Divorce:
If both parties agree on child custody and asset division, the divorce process can be faster. This is called a “divorce by mutual consent.” In this case, the lawyer helps draft a settlement agreement, which is then registered.
Grounds for Divorce:
The UAE does not require complicated grounds for divorce. If both parties agree to terminate the marriage, the process is significantly simplified.
Custody and Financial Aspects
Who Gets Custody of the Children?
After divorce, custody of the children is awarded to one of the parents, based on their best interests. Usually, the mother becomes the primary custodian, while the father is responsible for financial support.
Financial Support:
Sharia law requires the father to fully support the children, including housing, education, and other needs. Women and children receive financial support, but ex-wives without children may face difficulties, as spousal support is limited to three months after the divorce.
