Divorce Procedure For Expats in UAE

Posted by Hassan Elhais on October 16th, 2015

It is really an ugly situation when couples decide to separate. If you're living in your home country, you are to some extends aware of legal procedures but it this becomes difficult when you're in a foreign country. As compared to other countries, UAE is one such place where you can find highest divorce rates. The country follows Shari’a law for divorce too and divorce lawyers adhere to this law. Yes, it is true that separating a painful process for both the parties, especially when you're an expat living in Dubai, as this is the only emirate filled with many expats. What happens when expat marriages go wrong and who would you turn for advice? Where to search for experienced Dubai lawyers? Expats who want to seek divorce can directly do so by directly applying for the same in their home country or else in the Emirates.

There are various reasons why this country has the highest rate of divorce including sexual incompatibility, unrealistic expectations, poor communication, marital infidelity, religious and cultural differences, among others.

The marital relations in UAE is regulated by the Federal Law No.5 from 1985 (Civil Code, CC) and Federal Law No.28 from 2005 (Personal Status Law, PSL). The PSL covers all matters related to divorce, marriage, inheritance, maintenance (Arabic nafaqa) and guardianship. This law prevails in all emirates.

Getting a divorce is UAE for expatriates can be a long process. In other words, some cases are resolved amicably if judges are convinced about the reasons while some instances require more time.

The procedure begins when either of the parties decides to open a file the Moral & Family Guidance Section at Dubai Courts. This is followed by meeting the counselor, which is mandatory for the divorce process. The counseling procedure gives both parties a chance to put forward their concerns or issues per relating to their marriage. This is done to persuade the couple for reconciliation. The procedure is conducted not in the presence of legal representatives appointed by both the parties.

As a matter of fact, a couple is given a three-month stipulated time to reach reconciliation as part of the dissolution of marriage. The divorce proceedings are continued at First Instance Court if the either of the party stays firm on separation even after counseling. To proceed the divorce dispute, the case is then transferred to Appeals Court where 28 days are assigned to dispute further,

The Cassation court ensures that all legal procedures are strictly followed by reviewing the papers.

The divorce lawyers ask expats for marriage certificates, passport copies for couple and their children, as well as children's birth certificates.

The Judge of the UAE court grants divorce the couple states valid and strong reasons for divorce. The decision for dissolution of marriage isn't easily as Judge discuss with the couple, listens to witnesses and then a final verdict is given. It is mandatory for a couple to be present at all proceedings.

For expats, proceedings can get ugly and challenging when it comes to the division of assets, child custody, and alimony. This is because some countries laws may not correspond to the UAE law. To settle these issues, you may be required to seek help of legal consultants

The divorce lawyers tend to charge fixed prices for cases. If you're an expat, it is advisable to seek consultation from experienced lawyers in UAE which will help to weigh pros and cons so that you can make an informed decision ahead.

For more information visit at : http://professionallawyer.me/

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Hassan Elhais

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Hassan Elhais
Joined: July 15th, 2015
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