How to File for Divorce in the UAE: A Guide for Muslim and Non-Muslim Expats

Divorce is a difficult and stressful process, especially when it involves different legal systems and cultural norms. If you are an expat living in the UAE and considering a divorce, you may have many questions and concerns about the procedures and implications of ending your marriage. In this article, we will explain the main steps and options for filing for divorce in the UAE, depending on whether you are a Muslim or a non-Muslim.

Filing for Divorce as a Muslim Couple

If you and your spouse are both Muslims, or if your husband is a Muslim and you are a non-Muslim, your divorce will be governed by the Sharia law, which is the Islamic law based on the Quran and the Sunnah. The Sharia law is also the main source of the UAE law, which applies to all citizens and residents of the country.

·???????? The first step to file for divorce as a Muslim couple is to register your case at the Family Guidance Section at the respective judicial department in the emirate where you live. This is a mandatory step, as the UAE law requires that the parties attempt to reconcile their differences before proceeding to court.?

·???????? A court-appointed conciliator will meet with you and your spouse separately and try to mediate and resolve the issues that led to the divorce. The conciliator will also explain your rights and obligations under the Sharia law, such as the payment of alimony, child support, and dowry.

·???????? If you and your spouse reach an amicable agreement, you can draft a settlement document and sign it before the conciliator. This will conclude your divorce without the need to go to court. However, if one or both of you insist on the divorce, the conciliator will issue a referral letter, allowing you to file your case in court. You have three months from the date of the letter to do so.

·???????? Once you file your case in court, you will have to present evidence and arguments to support your claims and defend yourself from your spouse’s claims. The court will decide on the validity and terms of the divorce, as well as the matters related to custody, visitation, inheritance, and property division. The court will apply the Sharia law and the UAE law to these matters, unless there is a prenuptial agreement or a mutual consent between the parties to apply a different law.

Filing for Divorce as a Non-Muslim Couple

If you and your spouse are both non-Muslims, you have more options to file for divorce in the UAE. You can choose to apply the law of your home country, the law of the country where you got married, or the UAE law. You can also choose to file your divorce in your home country or in the UAE.

If you decide to file your divorce in the UAE, you will have to register your case at the Family Guidance Section, just like a Muslim couple. However, you can request that the conciliator apply the law of your choice to your divorce, instead of the Sharia law. You will have to provide proof of your nationality and the law of your country, such as a passport, a marriage certificate, or a legal opinion from a lawyer.

If you and your spouse agree on the divorce and its terms, you can sign a settlement document and finalize your divorce at the Family Guidance Section. However, if there is a dispute or a disagreement, you will have to file your case in court and present your evidence and arguments. The court will respect your choice of law, unless it contradicts the public order or the morals of the UAE. If the law of your country does not cover a certain aspect of the divorce, such as custody or inheritance, the court may apply the UAE law instead.