Dealing With Divorce Cases In UAE
Statistics state that UAE has the highest divorce rate in the world with Dubai taking the first place in the country. Dubai alone records more than 1000 divorces, with divorce among Emiratis making up one-third of all separations.
The way getting married legally is no easy job similarly getting divorced is also quite a pain especially if one is living in a foreign country. Know all about various procedures and legal rules in this blog which might help you during one of the most difficult times in life.
There are various reasons for such large number of break-ups but the major reason cited by maximum number of couples is infidelity. There are other reasons also like job loss; social media, financial crisis, cultural & religious differences, miscommunication and broken trust form the common reasons for divorces in UAE.
Divorce among Muslim Couples
Almost all Islamic marriages are governed by Sharia law which is considered as the body of Islamic law. It is the legal framework which helps the public and private life of Muslim couples sail through their life smoothly. Hence, the first step for a legal divorce is to file a case in the mentioned family and guidance section in Dubai courts. The way rest of the world functions, even this section will try for reconciliation through various means of moral counseling to settle down the differences and for the couple to live together again.
However if the couple requests divorce by all means, then the case is forwarded to court. When any of the member in a couple does not agree for divorce, even then the case is forwarded to court for justice.
Divorce among Non-Muslim Couples
Every non-Muslim couple has the right to file for divorce in one’s own country or in UAE. However when a couple when files for divorce in UAE will have to by sharia laws which can be contradictory to the laws of a foreign country. It can get further complicated if the individuals in a couple hail from different countries.
This can lead the said couple in more emotional and financial turmoil. To add on to this stress, there are various other laws on custody of children, assets, compensations etc. Most of the times, such cases lead to scenarios, wherein both the individuals are unhappy with the provided justice. Hence they decide to file for divorce again in their home country. The estranged couple has to face the legal hassles yet again to get a legal divorce.
Legal Laws In UAE
One of the major concerns according to the law firms in Dubai for an expat couple married in UAE is filing a case of divorce in the same country. They fear if the expat laws would match sharia laws which rules over such cases.
There is nothing to worry if both the individuals in an expat couple need divorce as per their home country’s legal laws. In such situations, a couple can submit a petition requesting justice as per laws of the concerned country.
The Article 1 of Federal Law No. 28 of 2005 states that this law shall govern the citizens of the United Arab Emirates State unless the non-Muslims of them have special regulations relating to their sect and religion making it possible for expat couples to request for a separation process adhering to the laws of their home country. This article is applicable only if both the individuals hail from same country and seek divorce as per their home country’s legal laws.
However, if both the individuals in a couple hail from different countries, then it can lead to a complex legal situation. In such cases as per article 13 in UAE civil code, the home country of the husband will be taken into consideration.
Get in touch with experts to help you go through one of the painful turmoils in life with proper justice.