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Divorce in UAE

There are many expatriates in the United Arab Emirates and many of them are married and enjoying a married life here. Unfortunately, some of them want to part with their partner and want to file a divorce case against their partner. But they often wonder what law is applicable to their divorce, Sharia law or federal law, or the law of the country they were married to? This blog post is aimed at clearing those doubts.

legal divorceWell, the law applicable to divorces concluded in Dubai, is the UAE federal law, regardless of whether or not the couple or either party is citizens or non citizens of the UAE. It is possible for a non-citizen who is also non-Muslim to ask the law of his domicile or the law of the state where the marriage was concluded to be applied. (Article 1 of Degree 28 of 2005 on Personal Status)

The understandings and the principles of Islamic doctrines shall be consulted and the law may not contradict with the Islamic teachings. (Article 2 of Degree 28 of 2005 on Personal Status)

Marriage Annulment in UAE

UAE Courts have jurisdiction to hear a divorce petition if both Parties have domicile , residence or have a place of business in the UAE; or if the Plaintiff/Petitioner is domiciled, residence or have a place of business in the UAE and the respondent had the same, but is currently living abroad. (Article 6 and 7 of Degree 28 of 2005 on Personal Status)

The substantive law of divorce is the law of the country where the couple got married. The grounds of divorce are found from the law of the country of the marriage.

Source of Law:

  • Rule 279 of the Cassation Court
  • The UAE Federal Law No 28 of 1985 on Personal Status
  • Civil Procedure Law Degree No 5 of 1985 as amended.
  • Law of Evidence in Civil and Commercial Transactions Degree No 10 of 1992.

Khairallah Advocates & Legal Consultants delicately handle all kinds of Family & Personal Law Services in UAE. Please contact us for family issues such as Divorce, Alimony, Child Care, Marriage Contract etc.

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