Divorce is never an easy decision, and it often comes after a period of hardship and emotional struggle. For expatriates living in the UAE, the process might seem even more daunting due to the complexities of navigating a foreign legal system. This guide aims to simplify the process and provide clear steps for expats looking to file for divorce in the UAE.
Understanding the legal framework
1. Applicable laws:
Expatriates can finalize their divorce within the UAE without needing to travel to their home country or the country where they got married. The laws governing divorce for expats in the UAE include:
- Federal Decree-Law No. 41 of 2022 on Civil Personal Status Law for non-Muslims
- Cabinet Decision No. 122 of 2023 on implementing regulations
- Federal Decree-Law 28 of 2005 on Personal Status Law
For those residing in Abu Dhabi, additional laws apply:
- Abu Dhabi Law No. 14 of 2021 and Law No. 15 of 2021
- Abu Dhabi Resolution No. 8 of 2022 concerning Marriage and Civil Divorce Procedures
Types of divorce cases
1. No-fault divorce:
A no-fault divorce does not require proof of wrongdoing by either party. Under Article 7 and Article 8 of Federal Decree Law No. 41 of 2022, either spouse can express the wish to divorce without needing to justify the request.
2. Mutual divorce after settlement agreement:
Spouses can mutually agree to file for a divorce settlement, which may include the distribution of assets. This agreement forms the basis of the court’s judgment.
3. Litigated divorce:
If the parties do not agree on the terms of the divorce, a judge will decide on the proceedings.
Filing for divorce
1. Choosing the right court:
- Abu Dhabi Civil Family Court: Expats can file for divorce regardless of their religion. Both Muslims and non-Muslims follow the same laws here.
- Dubai Personal Status Court: Different laws apply to Muslims and non-Muslims, particularly in litigated cases. Non-Muslims can utilize the no-fault divorce option.
2. Divorce Process:
- No-Fault Divorce: If both parties agree, the process can take about six weeks from the opening of the file to the reconciliation section of the court.
- Litigated Divorce: If no agreement is reached, the process typically takes four to six weeks for the judge to issue a decree.
Finding a lawyer
Having a qualified lawyer is crucial for navigating the divorce process. Here are resources to find authorized divorce lawyers in the UAE:
- Dubai: Dubai Legal Affairs Department
- Abu Dhabi: Abu Dhabi Judicial Department
Filing for divorce in the UAE as an expat is a structured process that can be managed efficiently with the right knowledge and legal support.
