Divorce procedure in Dubai ( including Hindus & Christians)..

APPLYING FOR A DIVORCE

Divorce, like other matters of family law, is either governed by UAE law, Sharia law, or by the laws of the individuals’ home country. If the parties are from different countries, the applicable law is the one from where the marriage was solemnised.

The first step in a divorce hearing is to look at reconciliation with the aid of the Family Guidance and Reformation Centre, which functions under the Department of Justice at Dubai Courts (04 334 7777). Anyone experiencing marital problems or family disputes can use this service, and you can file a complaint against your spouse by simply providing the centre with copies of your ID (passport or Resident ID) and your marriage certificate. If counsellors at the centre are unable to help a couple to reach an amicable settlement then the case may get referred to court for legal proceedings to take place. This is when you need to seek legal advice.

At this stage you will need the services of an expat law firm, who can advise you which ‘jurisdiction’ (either UAE or your home country) is the most appropriate for you in terms of cost, timescale and outcome. If the case is straightforward and uncontested you may not even need to attend court, and you can expect to pay around Dhs.10,000, inclusive of all court fees and other expenses
The below procedure is standard for Christian, Roman Catholic and Hindu religions.

PREREQUISITES

  • Both parties are resident in the UAE.

WHAT TO BRING

  • Both parties’ passports (originals and copies).
  • Resident ID (originals and copies).
  • Residence visas (originals and copies).
  • Marriage certificate (originals and copies) attested by: UAE embassy in country where marriage was solemnised and certificate was issued, the Ministry of Foreign Affairs of same, and the UAE Ministry of Foreign Affairs.
  • Documents should be translated into Arabic by a legal translator.

PROCEDURE

RECONCILIATION 

  • File a divorce petition directly to your spouse or through a lawyer; check with your embassy for home country divorce specifics.
  • Register the divorce case at the Moral & Family Guidance Section, Dubai Courts.
  • The couple will be asked to attend a reconciliation meeting with a counsellor at the Family Guidance and Reformation Centre.
  • If this fails (either both or one party insists on divorce), the case will be forwarded to Dubai Courts.

HINDU

  • Court of First Instance, Dubai Courts.
  • In court the couple will state their reasons for divorce.
  • Both parties have the opportunity to produce witnesses; the court can provide a translator if needed.
  • If the judge finds the reasons to be convincing, the divorce will be granted.

CHRISTIAN

  • Court of First Instance, Dubai Courts.
  • The couple will apply to the court for a decree nisi, stating their reasons for divorce.
  • If your spouse agrees to the divorce petition, you can proceed and apply for a decree absolut – to legally end your marriage.
  • Both parties have the opportunity to produce witnesses; the court can provide a translator if needed.
  • If the judge finds the reasons to be convincing, the divorce will be granted.