Dubai: If an expatriate living in the UAE wants to file for divorce, do they need to travel to their home country or the country they got married in? Or can they file for divorce in the UAE?
According to legal experts who spoke with Gulf News, UAE federal laws allow expatriates to finalise their divorce within the country. However, the specific procedures differ slightly depending on your religious background.
In this guide, we elaborate the laws and procedures that govern divorce proceedings for non-Muslim expatriates.
What the laws state
According to Navandeep Matta, senior associate at Kochhar and Co. Incorporated, these are the laws that come into effect:
Federal laws, applicable across the UAE
• Federal Decree-Law No. 41 of 2022 On Civil Personal Status Law for non-Muslims
• Cabinet Decision No. 122 of 2023 on the implementing regulations
• Federal Decree-Law 28 of 2005 regarding Personal Status Law
“These will cover all seven emirates: Abu Dhabi, Dubai, Sharjah, Ajman, Umm Al Quwain, Ras al Khaimah, and Fujairah,” he said.
Abu Dhabi
• Abu Dhabi Law No. 14 of 2021 as amended by Abu Dhabi Law No. 15 of 2021
• Abu Dhabi Resolution No. 8 of 2022 concerning the Marriage and Civil Divorce Procedures in the emirate of Abu Dhabi
According to experts, these laws apply to both Muslim and non-Muslim expats, but only within Abu Dhabi.
“This applies specifically within the emirate of Abu Dhabi and addresses family matters, including those concerning expatriates and UAE nationals who are non-Muslims residing in Abu Dhabi as well as Muslims with foreign passports from non-religious law countries,” Matta said.
“All expatriates, whether resident or not, can get a divorce in the Abu Dhabi Civil Family Court, as long as they work there or got married there,” Madeleine A. Mendy, partner and head of family law at Bin Sevan Advocates and Legal Consultants, told Gulf News.
All expatriates, whether resident or not, can get a divorce in the Abu Dhabi Civil Family Court, as long as they work there or got married there.
As per the experts who spoke with Gulf News, there are essentially three different types of divorce cases you can file.
1. ‘No-fault divorce’
A ‘no-fault’ divorce, is the annulment of a marriage, which does not require a showing of wrongdoing by either party, and this is an option for non-Muslim expatriates.
“Federal Decree Law No 41 of 2022 allows the expatriate to file their divorce proceedings under Article 7 and Article 8. Article 7 is for ‘Divorce by unilateral will’, i.e. it suffices for a divorce to be sought and take place that either spouse expresses before the court his or her wish to separate and not continue with the marital relationship, without the need to justify this request, indicate damage, or blame the other party. Article 8 on ‘Procedures of Divorce’ states that either spouse may seek a divorce without the need to prove damage, according to the form prepared for it, and the divorce shall take place by a court judgment after notifying the other party,” he said.
2. Mutual divorce after settlement agreement
“The spouses can also mutually agree to file for a divorce settlement agreement before the competent court, which may contain the distribution of moveable and immovable assets. The divorce settlement agreement will form the basis of the judgment,” he added.
Article 3 of Federal Decree Law No. 41 of 2022 states: “Divorce cases filed pursuant to the provisions of this decree law shall be excluded from referral to family guidance committees, and shall be referred directly to the court to issue a judgment at the first session.”
Matta clarified this provision further: “A non-Muslim can get a divorce after notifying the opposite party. By virtue of Article 7 and Article 8 of this law, a Non-Muslim expat can get a divorce on the first date of hearing. Further, a non-Muslim expat, by virtue of Article 1 (1), also has the option of applying the personal status laws of their home country with regard to marriage, divorce, inheritance, wills, and proof of parentage, without prejudice to the provisions of Articles (12), (13), (15), (16), and (17) of Federal Law No. (5) of 1985.”
The spouses can also mutually agree to file for a divorce settlement agreement before the competent court, which may contain the distribution of moveable and immovable assets. The divorce settlement agreement will form the basis of the judgment.
3. A litigated divorce
The third possibility is when the two parties do not agree to the terms of the divorce and a judge needs to decide on the proceedings, according to Mendy.
How to proceed with filing for divorce
If you do wish to file for divorce, it is also important to understand which court you need to approach, and how exactly you can start the process.
“In Abu Dhabi Civil marriage court, based on a recent judgement, the Court does not differentiate on the grounds of religion, thus expatriates issuing divorces in the Abu Dhabi Court, will have the same laws applied to them, regardless of their religion. In Dubai, the laws are different. There is a differentiation between Muslims and Non-Muslims. Although the initial file opening and conciliation or mediation are generally the same in the Personal Status Court for Muslim and Non-Muslim, the main difference is when proceedings are litigated, i.e. the parties do not agree to the terms of the divorce and the judge needs to decide. In fact non-Muslims can benefit from the ‘No Fault Divorce’ laws, which enable them to get divorced without a stated reason, apart from the belief that their marriage has irretrievably broken down,” Mendy said.
If a couple does plan to get a divorce, how long does the process take in case of a no-fault divorce?
“If the parties both agree to the divorce, and a settlement agreement has been drafted, they can be divorced within six weeks of the file opening through the reconciliation section of the Dubai court. If a full case for no fault was opened in front of the litigation court, it normally takes four to six weeks for the judge to pronounce the divorce,” Mendy said.
How can I find a lawyer?
If you do wish to file for divorce, you would need to reach out to an authorised divorce lawyer.
In Dubai, you can find lawyers who are registered at the Dubai Legal Affairs Department here - https://legal.dubai.gov.ae/en/Services/Pages/Legal-Directory.aspx?ServiceID=19
In Abu Dhabi, you can use the online service provided by the Abu Dhabi Judicial Department here: https://www.adjd.gov.ae/sites/eServices/EN/Pages/SearchForLawyer.aspx
