For many expats, one of the worst things about divorcing overseas is the unfamiliarity of a foreign legal system. The thought of leaving the future of children, finances, and properties to the mercies of an uncertain process often leads to even greater feelings of anxiety. However, many of these concerns can be addressed by understanding some of the basics of UAE divorce law. Or, to put it in the words of American essayist Ralph Waldo Emerson, “Knowledge is the antidote to fear”.
If you’ve settled in one of the Emirates, there are a few important factors to be aware of before the wheels of divorce start to turn. These include the grounds for contested divorce, the steps involved in the process, and how children, maintenance, and property division are typically handled.
The information provided here is intended to put your mind at ease, clarify your options, and make the road ahead easier to navigate.
UAE Divorce Law for Native/ Muslim Citizens
As long as you’ve been living in the UAE for a minimum of six months and are a Muslim, you will be able to divorce there. There are a number of potential grounds for contested divorce under Sharia Law, including conflicts over culture and religion, mental incapacity, physical disability, and failure to pay a dowry.
However, the three main reasons given are:
- Adultery: Although this is a valid reason for the breakdown of a marriage, you may need to present proof of your partner’s wrongdoing. It may be necessary to obtain testimonies from eyewitnesses, and/or either photographic or recorded evidence — such as phone call recordings. Adultery accusations can carry severe consequences under UAE law, and false accusations may lead to criminal penalties.
- Abuse: Being able to prove either physical or mental abuse is a valid ground for divorce in the UAE. However, evidence will be needed, in the form of medical reports and witness statements from two males. Female testimony is permissible, but these statements will only carry half of the weight of male testimony. Abuse allegations are taken seriously, and the legal process can be extensive and emotionally challenging.
- Desertion: If one party leaves the marriage for a period of at least a year or two, this classifies as desertion and is valid grounds for a divorce. In such cases, the abandoned spouse must demonstrate attempts to reconcile or communicate before the claim is considered.
If you require advice about your case, it’s vital to contact a divorce lawyer with UAE knowledge as soon as possible. They will be able to run through the intricacies of your case and advise on the best options available to you.
Divorce for Expats in the UAE
For expatriates in the UAE, the no-fault divorce process offers what is usually a much simpler route to ending a marriage. Unlike Sharia-based divorces, non-Muslim expats can now file for divorce without proving fault — so it is no longer necessary to demonstrate adultery, abuse, or desertion. Instead, either spouse can initiate proceedings based on irreconcilable differences, streamlining the process and reducing emotional strain.
This modernised approach to divorce can ensure a faster, more straightforward resolution — especially when both parties agree on core matters like shared finances and children. Even in contested cases, the absence of ‘fault’ usually makes legal proceedings less hostile, focusing instead on securing reasonable outcomes for the whole family unit.
However, expats should still prepare to gather documentation, such as marriage and birth certificates, as well as financial records to support discussions over asset division. Expats considering divorce in the UAE are also encouraged to consult a legal expert to understand their best options under the new system.
UAE Divorce Law: The Process and Timescales Explained
Divorce proceedings in the UAE follow a structured process, to ensure legal clarity and fairness. Whether you are a UAE national or an expatriate, understanding the stages involved can help you navigate the system effectively. Although the timescales vary depending on whether the divorce is contested or mutual, knowing what to expect can reduce any stress and uncertainty.
From conciliation efforts to the final enforcement stage, the steps involved serve to resolve disputes as smoothly as possible while protecting the rights of both spouses.
For Native, Muslim UAE Citizens:
The divorce process for native citizens typically adheres to Sharia law, encompassing steps like conciliation, First Instance Court, Court of Cessation, and Enforcement Court. Sharia principles largely govern decisions, emphasising evidence requirements and traditional values. The entire process can be time-consuming, especially if contested by either party.
For Expats:
For expatriates, divorce proceedings might be handled under UAE civil law or potentially back in their home country.
The general steps if you choose the UAE’s courts include:
- Conciliation: An opportunity to reach a mutual agreement. Required documents include translated marriage certificates, birth certificates, and passports. This stage can last up to 60 days. Even if reconciliation fails, the discussions during conciliation can influence the court’s decision.
- First Instance Court: If conciliation fails, cases are taken to court. Having legal representation is advised, as proceedings are in Arabic. Interpretation services may be needed, and legal complexities often arise regarding international asset distribution, which generally is not covered under the UAE.
- Court of Cessation: A review of documentation; no new evidence can be presented. This phase is crucial for those seeking to challenge lower court decisions.
- Enforcement Court: Final judgment and enforcement. If one party fails to comply, the enforcement court has the power to impose financial penalties or further legal action.
Children, Property, and Spousal Maintenance
Divorce is not just a legal separation; it also involves crucial decisions about children, property, and finances. These factors can significantly impact both parties’ futures, making it essential to understand the laws governing them in the UAE. While Sharia law primarily influences decisions for nationals, expats may have different legal options based on civil law and international agreements.
Having clarity on these matters can help divorcing couples plan ahead and ensure fair outcomes for all involved.
Native, Muslim UAE Citizens
- Child Custody: Mothers usually retain custody of young children, with fathers responsible for financial obligations. Custody can be contested under specific conditions, such as if the mother remarries or is deemed unfit.
- Property and Maintenance: Assets in the husband’s name typically remain his, while shared assets may be split. Spousal support and maintenance obligations exist based on Sharia principles, and the division of property aims to preserve the family’s welfare.
Expats
- Child Custody: The mother is generally the custodian, while the father is the guardian responsible for financial support. Courts prioritise the child’s best interests and may consult the child’s preferences if they are over a certain age.
- Property Division: Recent changes protect non-Muslim expat wives’ rights to marital property. Assets are usually divided based on ownership documentation, but court discretion can lead to complex settlements.
- Spousal Maintenance: Typically, the man supports the ex-spouse, but agreements can vary significantly. The maintenance amount may depend on the duration of the marriage, the wife’s financial standing, and the husband’s ability to pay.
Whether you are a native or an expatriate, understanding the intricacies of UAE divorce law is crucial. Consulting a legal expert well-versed in both UAE and international family law can help secure the most favorable outcome for your situation. Additionally, exploring mediation or counseling during the process can provide emotional support and contribute to more amicable resolutions.
How Does Civil Dissolution Work in the UAE?
While some forms of civil partnership dissolution can be instigated in the UAE, it won’t be possible for everyone. Due to Sharia Law, neither same-sex relationships nor couples that have a Muslim woman and non-Muslim man are permissible. Because of this, many civil partnerships will need to be dissolved in their country of origin.
Is Divorce in the UAE My Only Option?
As an expat overseas you might assume that contacting a divorce lawyer in the UAE is your only option. However, if you were either born in the UK, or have a connection to the country, it’s likely that you could choose between separating overseas or in England and Wales. As you may have gathered, the jurisdiction you choose can have a major impact on the outcome of your case, which makes the need for reliable legal guidance paramount.
Trust Lowry Legal to Make the Complex Simple
Divorce is rarely easy. However, if you’re living overseas, adding the uncertainties of an unfamiliar legal system into the mix can quickly heighten emotions and raise serious questions. For instance, do you fully understand how the UAE is likely to approach your case? How can you be sure that your best interests will be given full attention? If you’re either pessimistic or lacking confidence in the potential outcome, are there any alternatives that could be worth exploring?
An elite law firm, Lowry Legal will aim to understand your goals and circumstances before acting decisively in service of them. We specialise in challenging separations which often involve high finance, complex networks of businesses, and intricate assets. Perhaps most importantly, we can also help clients to make lasting child arrangements that cross borders.
A member of the esteemed Legal 500, we can quickly adapt to your situation, addressing any challenges that arise along the way. If poor communication has bred mistrust, we have a leading mediator and immediate access to high level financial advisers, tax professionals, and forensic accountants when required. Ultimately, anything that could benefit your case will be considered.
For more information about what our dedicated team can do for you, get in touch today.
