How does Divorce Work for

Non Muslims in UAE?

Many of whom are non-Muslims, Expats, make up over 80% of the UAE's population. However, Sharia law governs divorce proceedings involving Muslims in the UAE, so how can this be any different for non-Muslims? In this post, we'll talk about divorce in the UAE for non-Muslims.

If a non-Muslim expat gets divorced in the UAE, the court will follow Sharia law unless the non-Muslim expat requests differently. A divorced non-Muslim couple who agrees to split amicably can, nevertheless, reach a settlement arrangement that is not bound by Sharia rules.

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If the court decides to adopt the law of the expat's home country, Sharia principles will not apply. It should be emphasized, however, that the court will not apply such foreign legislation to a property partition. In contrast to many European laws, Sharia law provides that the spouse is entitled to any assets held entirely in the name of the husband. As a result, there is no one-size-fits-all approach to divorce. The appropriate course of action to protect your rights and interests will be determined by the facts and circumstances of your case. If a party desires for their home country's laws to govern non-Muslim divorces, they must file an application in court.3

1. The personal and financial consequences of the marriage contract are governed by the legislation of the husband's state at the time of the marriage's conclusion.

2. Divorce is controlled by the law of the husband's state at the time of divorce. Regarding cases of divorce and separation, the law of the husband's home state shall apply at the time of case filing.

It should be noted that if the parties' home country's legislation is silent

on a particular area of divorce law, UAE law could be used.

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If indeed the husband and wife are of different nationalities, the following provisions of Federal Law No. 5 of 1985 apply:

Step by step process for filing a divorce

Non-Muslims must petition for divorce in the Emirate in which they or the other party now resides. As a result, “a court-appointed conciliator will attempt to bring the divorced couples together.” This procedure is a prerequisite for the court to evaluate the case.

At this point, the parties may also agree to an "amicable divorce." If they do, the “parties will be required to create a solution based on their common understanding and sign it in front of the conciliator.” The couples may agree to a split of assets and post-marital duties at their discretion, rather than according to UAE law's strictures.

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Step by step process for filing a divorce

The parties will be expected to present supporting evidence for their claims and defend against each other's allegations during the court procedures. The court has complete control over how this procedure is carried out. An appeal can be filed within 28 days after the verdict being issued.

If a settlement cannot be obtained and the marriage bond cannot be maintained, the conciliator will issue a letter authorizing the parties to go to court to finalize their divorce. This letter should be presented to the court within three months after its issuance from a divorce custody lawyer..

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As a result, we may conclude that divorcing in the UAE has both advantages and downsides. Whether it is advantageous to do so is greatly dependant on the facts and circumstances of each case. If you want legal aid in a divorce dispute, please do not hesitate to contact a divorce custody lawyer in UAE.

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