Divorce is one of the most challenging experiences, It is a journey filled with uncertainty, emotional turbulence, and significant changes. Are you facing a divorce amid the process or adjusting to a post-divorce life? Remember, “You are not alone we are here for you”. Many have walked this path with us and found their way to a bright future.
Law Governing Divorce
Sharia Law governs various aspects of personal status matters including marriage, divorce, child custody, and inheritance for Muslims in UAE whereas Muslim expatriates have the option to choose either Sharia law or the law of their home country for divorce proceedings. Non-Muslim expatriates also have the option to choose either the law of their home country or UAE civil laws for divorce proceedings.
Process of Filing a Divorce Case
- The first step is to register the case by either of the parties at the Family Guidance Section at the respective judicial department, in either of the emirates. The parties must provide required documents such as a copy of their marriage certificate, passport, and Emirates ID as proof of their marriage.
- The court will then appoint a conciliator who will try to reconcile the divorcing parties. The conciliatory procedure is a mandatory process of the divorce proceedings in UAE. Parties are allowed to raise their concerns about the marriage in the absence of their legal representatives.
- Amicable divorces will be concluded at this stage. Parties will need to draft a settlement based on the parties’ mutual understanding and sign it before the conciliator.
- If any one or both of the parties are adamant about the divorce, then the conciliator will provide the claimant with a letter permitting them to proceed before the court to conclude their divorce case.
- The letter will be submitted to court at any time within three months from the date of issue. Once it has reached court, the divorce case falls at the court’s discretion.
- The judge will conduct several hearing sessions and each party has to support their claims by providing evidence and their defense as well
- The judge will then evaluate the case considering the grounds for divorce, custody, and financial settlements.
- The court will then issue a final judgment which can be appealed by either of the parties.
Common Challenges Faced By Parties Seeking Divorce:-
Some of the common challenges faced by parties seeking divorce are discussed below:-
- Determination of correct jurisdiction
- Identification of Court system
- Proper documentation
- Cultural norms & Religious laws
- Child custody
- Division of assets
- Language barrier
- Residency and visa issues
- Time and expenses
Solutions To Overcome These Challenges
Following are the respective solutions to overcome these challenges
- It is important to determine the correct jurisdiction before filing for divorce. Divorce should be filed in the country where the marriage was registered or where the party establishes their residency. Seeking legal advice from an experienced Family lawyer in Dubai helps to easily determine the jurisdiction based on residency, nationality, and the circumstance of the case.
- Family matters including divorce are handled by the family courts of the respective emirate. Hence such matters must be filed in family court.
- Required documents must be presented properly in court.
- Cultural norms & Religious laws significantly influence divorce proceedings, especially for Muslims. Engaging an experienced Divorce lawyer who understands the cultural and religious implications of divorce helps navigate the issue sensitively.
- Resolving issues related to child custody, and visitation rights are emotionally and legally challenging. Custodial rights vary depending on the child’s age and family circumstances. Hence considering mediation to reach an amicable settlement and consultation with a lawyer specialized in family law helps to understand the best way to present the case.
- Dividing jointly owned assets including property and other finances is legally complex. Hence proper documentation of assets and negotiation through an expert legal team helps resolve the issue.
- Language can complicate legal proceedings and communication with Lawyers. Seeking legal representation from legal professionals fluent in your language and Arabic for effective communication.
- Divorce can impact residency and visa status, especially for expatriates on spouse sponsorship visas. Taking legal advice helps to make potential changes in residency status and have contingency plans in place.
- Legal proceedings in Dubai can be lengthy and time expensive. Working with the best legal team can streamline the process.
- Seeking legal advice from experienced divorce lawyers in Dubai helps to navigate the complexities of divorce proceedings in Dubai.
Conclusion
Dealing with a divorce in the UAE requires careful planning, experienced Family lawyer support, and a thorough understanding of applicable laws. Addressing these with the help of an experienced legal team helps to manage the complexities and emotional stress throughout the process.
Why You Need An Experienced Family Lawyer?
- A lawyer with extensive experience in family cases can interpret and apply the legal principles correctly, advising on matters such as divorce, dowry, child custody, alimony, and other related matters ensuring compliance with religious and legal requirements.
- An experienced family lawyer is well-versed in all the Divorce proceedings and such expertise can expedite the process, avoiding unnecessary delays.
- A professional family lawyer ensures confidentiality, and professionalism and helps to navigate the complexities of divorce proceedings in Dubai.
Musaab Ali AlNaqbi Advocates & Legal Consultants is one of the Best law firms in Dubai dedicated to delivering innovative legal solutions, excellent legal representation, and best customer quality service. Each case is unique and we develop accurate legal strategies to resolve the issue. We ensure that our clients are updated about their cases by explaining complex legal matters in plain language. We have attorneys with extensive experience and knowledge who can guide our clients well. Our team Musaab Ali AlNaqbi Advocates & Legal Consultants is dedicated to achieving favorable outcomes for our clients avoiding unnecessary delays.
