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Getting Divorce in the UAE

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Getting Divorce in the UAE

Divorces are always a proven formula of marriage endings. They are never going to be an easy task. Getting separated from your partner should follow all the legal rules and regulations. The people who need divorce always seek help from lawyers. Lawyers are the one who will lead the role as an intermediate between the court and the parties who seek for divorce. The highest rate of divorce in the UAE is in Gulf. Things get more challenging if the party is an expat living in the UAE. Expatriates always find it easier to apply the law of their home countries.

Legal Grounds

All the legal requirements should be met by the parties regardless of the reason which arises for the divorce. The couple should be resident in the UAE for at least a period of six months who apply for divorce. There are many contents which holds the reason for opting out a divorce. People from different parts of the world lives in the UAE. Sometimes this may lead to fail of adjustment between the partners leading to divorces.

In the case if one of the parties fail to go with the agreement, a contested divorce is to be followed by the UAE court. Here, one of the parties who wish to move on with the legal proceedings for their separation should submit the valid reason and want to prove it. Religious and cultural differences, job terminations, lack of communication, non-payment of dowry, incapacity, and disability are the main reasons for the divorce which took place in the UAE. The other most commonly used legal grounds are as follows:

  1. Abuse: Abuses in a family relationship can be mental or physical. This is a major cause which are faced by most of the people in a living relationship. The proper medical reports are to be submitted in the court for the easy going of the divorce. Along with it, two male witnesses are to be presented in the court. Female witness will only be counted as a half witness. So male witnesses are found to be sterner for making the report stronger.
  2. Adultery: This is the case when the partner moves on with another sexual relationship out of the marriage. This reason is numerous nowadays in many of the relationships. To prove this ground, one need to submit the proof like photographs, phone records, videos, eye witness, etc.
  3. Desertion: Desertion arises when one party leaves the marriage without the consent of other party.

Steps of Getting Divorce

The divorce with mutual consent always makes the process easier. This process takes a time limit of 3 months. But situation and cases may vary depending on the people and their needs. The first step to apply for divorce is the conciliation. The parties should point out each other’s differences and reach a settlement. Various documents like passport, marriage certificate, birth certificate should be shown and their copies are to be translated into Arabic language.

In any case if the parties fail to reach a settlement, the case will move to Instance Court. The defending and initiating party might cross each other’s in the court and will take some time to find a decision by the court. Once the judgement is made, any of the party can go for an appeal within about 28 days. When this step is completed, the case will move on to the Court of Cessation. Here all the documents will be verified by the court and no new additional documents are allowed to submit.

Finally, the case goes to the Enforcement Court. Here the court ensure the verdict and comply with the settlement. If in the case when parties agree with a settlement in the conciliation stage itself, the case may get directed straight to the Enforcement Court without any indulgent of intermediate courts.The expected amount to be paid by the parties for a divorce in the UAE is AED 8,000 – AED 25,000. If the case takes longer period, then the cost may reach up to AED 50,000.

Things to Consider

There are some important things that are to be considered even after the divorce. They are the spouse maintenance, the support and custody of their children and property division. These things always went wrong in many of the broken relationships. That’s why the court had decided to take the decision regarding these main topics.

  1. Custody and support of the children: In the UAE, the mother who gave birth to that child always gets to hold the security and father holds the financial supporter of the child or children. The security includes medical care, education, religious care, accommodation, etc.The mother usually gets the custody of minor child only when she proves that she is not affected by any of the infectious disease, is mature and honest to grow up the child. In the rare case like father, he must have a woman at home to look after the child, at least among the relatives. The father or mother can claim against the custody if any of them fails to prove these points.Legal advice Dubai
  1. Spouse maintenance: The husband is responsible for the financial support of his wife after the divorce. This can make up to a maximum of 30% of the man’s income.
  2. Property division: Each party who holds the ownership of any property or bank account, etc. will get them in their custody itself. In case of the joint properties, the judge will divide them into equal halves including the real estates and bank accounts.

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Conclusion

The UAE law always respect the decision of every people. Getting divorce is not an abnormal case. This takes place all over the world nowadays. Some may not be able to go out and seek help from the lawyers to handle the situation during these pandemic days. Those who seek online legal advice Dubai and chooses to find lawyer UAE can contact us through our online platform https://iadvise.live. You can avail free legal consultation in Dubai as soon as you prefer us.

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Eva Iris

Author Since:  October 8, 2020

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