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Divorce in the UAE Personal Status Law – One of the most significant amendments to the UAE Personal Status Law came largely to keep the coherence of the family unit from collapsing. This is because the family is the foundation of society, and maintaining its cohesion means keeping the unity of society and the state at the same time.

Most of the modifications came to deal with concerns and problems between the spouses, particularly regarding the terms of the divorce, where the revisions related to the necessity to provide the suggestion. Our divorce & child custody lawyer dubai UAE makes all the terms and legal judgments to the spouses clear; before making the decision of divorce; to ask the court to keep the family together in order to soften the hearts of the parties after raising their understanding of the consequences of separation on them and the children, and this modification is in the best interests of the family.

What is a divorce in the UAE personal status law?

UAE divorce law
Divorce in the UAE Personal Status Law

The best divorce lawyer in uae in our legal firm services explains the terms of the divorce that are provided by the UAE divorce Law. According to the definition of the Personal Status Law of the United Arab Emirates, divorce is the termination of a legally binding marital contract in the manner provided by Sharia. When they are unable to do so, it is an understandable indication that the divorce is finalized verbally or in writing. Of course, if the woman is not in a lawful marriage and not in the waiting period, she cannot obtain a divorce.

Types of divorce in the UAE personal status law | legal consultants in dubai

The Personal Status Law in the UAE distinguishes between two forms of divorce: revocable divorce and irreversible divorce. the best divorce lawyer abu dhabi will explain the distinction between them as follows :

1- Revocable divorce: 

Revocable divorce does not end the marriage contract until the waiting time expires. Except for the three complementary divorces, the divorce before consummation, and what is indicated in the text, the UAE Divorce Law states that all divorces are reversible.

2- irreversible divorce:

An irreversible divorce dissolves the marriage contract at the time it occurs and comes in two varieties:

  • An irreversible divorce is a minor Baynunah, after which a divorced woman is not authorized to marry her divorced one unless she enters into a new contract and makes a new dowry.
  • An irreversible divorce is a significant compensation for which a divorced woman is not permitted to her divorced woman until the expiration of her waiting time from another spouse who entered into a legitimate marriage with her.
Maher Mahmoud Al Khalaf

Abdultaiyab Bahrainwala

Partner / Senior Lawyer

Abdultaiyab Bahrainwala, LLM, LLB advises on all aspects of UAE Property Laws, Commercial Laws, Corporate Laws, Labour Laws, 

+971 4 427 0842

The divorce procedure in the UAE | Divorce Lawyer UAE

Divorce as per UAE Personal Status Law
Divorce as per UAE Personal Status Law

Obtaining a divorce in the UAE is dependent on a conciliatory procedure that allows for an amicable parting of ways when both parties are completely in agreement on the divorce. Here’s how to get a divorce in the UAE by helping our law firms in dubai :

  1. To file a divorce petition, any partner must register the matter with the Family Guidance Division in either of the emirates.
  2. The pair must provide evidence of marriage, which includes a copy of their marriage certificate, passport, and Emirates ID. This will start the counseling procedure, which will determine whether the separation is necessary. The goal is to ensure that divorce is the best option for them.
  3. The best divorce lawyer dubai or a licensed family lawyer in dubai recommends a series of sessions with the purpose of bringing both parties on board with all aspects of the separation. The entire procedure cannot last longer than three months.
  4. After the divorce lawyer uae has established mutual consent in terms of child custody, asset separation, and post-divorce rights, an agreement is prepared, and the counselor sets the final date for a hearing before a judge.
  5. The legal consultant dubai submits and files the drafted agreement at the Personal Status Court; if it is submitted in another language, it is translated into Arabic.
  6. The couple appears before the First Instance Court judge (on the scheduled day), who considers the dubai lawyers’ recommendation and renders a decision.
  7. Although it is not required, you are free to retain legal counsel for the proceedings. The court’s official language is Arabic; however, a translator is available.
  8. The couple receives a divorce certificate after the court grants a divorce decree.
  9. The judgment may be appealed within 28 days by either party.
  10. A divorce certificate must be presented to the Department of Justice after being granted by the court. It must also be filed with the couple’s respective consulate and the Ministry of Foreign Affairs (MOFA) in the event of non-Emirati nationals.
  11. There is no chance for reconciliation once a divorce decree has been issued. After receiving a divorce certificate, a couple that wants to reconcile must be remarried because the certificate cannot be revoked.

FAQ about divorce in the UAE Personal Status Law – best divorce lawyer in UAE

1- What is the authority issued by divorce in the UAE?

According to UAE divorce law, the latter is the responsibility of the husband or his agent with a special agency, or the wife or her agent with a special agency, depending on what was agreed upon in the marriage contract.

Divorce must also be documented through legal procedures that divorce lawyer sharjah does perfectly. When a divorce is established in court by the evidence of two witnesses or by their acceptance, the judge issues his judgment after checking the availability of either of these two topics. Unless a prior date is designated for the court, the date of divorce is assigned to the day of acknowledgment.

2- How much does a divorce cost in Dubai?

Due to the fact that documents are submitted to several offices in each case, divorce processes for Emirati and Non-Emirati nationals might differ:

The cost to start a divorce case and obtain a divorce certificate is around AED 500.

It may cost up to AED 1,200 to get the certificate attested by the Ministries of Justice, Foreign Affairs, and Consulates. Depending on the couple’s native country’s consulate, it differs.

Legal fees are not included in any of the aforementioned expenses or law firm in dubai and legal consultant dubai fees.

Kindly be informed that there may be a variety in the cost to register a divorce case.

3- Can a woman in the UAE file for divorce from her husband?

according to divorce in the UAE Personal Status Law; If a woman can prove that her husband has physically harmed her or has exposed her to violence, she may be given a divorce. A woman may also file for divorce if her spouse departs her for three months or fails to provide for her interests or the needs of their children.

4- What are the Divorce laws for non-Muslim couples?

Non-Muslim expatriate residents have two options for divorcing their spouse: they can do it in their country of residence or in the UAE. The court will hear a petition from the parties requesting that their home country’s laws be applied. The provisions of this law shall apply to citizens of the United Arab Emirates State unless non-Muslims among them have particular requirements applying to their community or confession, according to Article 1 of the Federal Law No. 28 of 2005 for Personal Affairs. Unless one of them specifically requests the implementation of his legislation, it shall equally apply to non-citizens. This indicates that parties concerned may request to have their own laws applied to personal status issues.

Our law firm in dubai offers professional indian divorce lawyers in dubai that are completely aware of all legislation governing foreign residents.

5- How does UAE divorce law child custody work?

The primary statute determining child custody in the case of a divorce is the Personal Status Law (Federal Law Number 28 of 2005). A minor child’s custody will remain with the mother up to the age of 11 for boys and 13 for girls, according to Dubai divorce law child custody (Article 156 of the Personal Status Law). On a case-by-case basis, the court considers child custody issues, and the custody decision is typically included in the judgment.