A Marriage is said to be one of the biggest decisions, two individuals take that shape many aspects of their future such as financially, mentally, physically, and spiritually but the sheer amount of marriages that take place in this globe, there’s bound to be differences between the two since both individuals come from entirely different upbringings and societal situations. The next thought in an individual’s mind after constant differences is to live separately from each other, more commonly and famously known as divorce. This should make it pretty clear what we’re about to discuss through this blog, it will be about some infamous myths about going through a divorce proceeding in Dubai.
INTRODUCTION
Ok, to start firstly I would like to talk about Divorce laws in Dubai, to complete a divorce proceeding officially the husband or wife must say “I divorce” or “Talaq” in front of a witness on three different occasions, so the witness can provide evidence if the divorce is later finalized in court. There will be financial burdens on a spouse who commences such a procedure using this method. Divorce in Dubai is generally governed by Article 1 of the Federal Law No 28 of 2005 for Personal Affairs.
Now, I will be talking about how myths affect the perceptions and decisions of individuals who want to get a divorce on legal grounds and why the need for accurate information is needed. There can be many reasons but some of the most common ones include having the fear of getting official or legal help due to the societal stigma, Incorrect knowledge of the cost of having such a procedure and most importantly the fear of losing the majority of their time in legal matters. As mentioned in our previous blog Family Lawyers in Dubai usually have the skill and expertise to mitigate such fears from individuals during their consultation phase. Following on I will be covering and debunking some of the most common myths regarding divorce proceedings in Dubai.
MYTH 1: DIVORCE IS ALWAYS PROLONGED AND COMPLICATED
Let’s start with a step-by-step guide on how a divorce can take place if assistance from a good Divorce lawyer in Dubai. The first step is conciliation which means when a neutral third party evaluates each party’s position and suggests settlements that would benefit each party or try to iron out their differences.
- Documents required: Marriage certificate and contracts, passports, emirates IDs, and their children’s birth certificates( if applicable).
This stage would last somewhere between 1 to 3 months and according to divorce settlement statistical studies, this is said to be one of the quickest procedures almost anywhere in the world and around 58% of the divorces fall off and both parties come back to good terms.
If both parties fail to agree to a settlement in the initial stage, the next stage would be to have a go at the First Instance Court, wherein a party has 28 days to file an appeal in the Appeals court after the judgment is delivered and if it is against them. The last stage is the enforcement court wherein the specifics of the judgment are explained and made sure that the parties comply with what’s been held. If the initial stage is a success the parties can directly move to the enforcement court.
Thus, it can be said all in all that divorce proceedings are said to be one of the quickest procedures in Dubai in comparison to other countries and states as the total time would majorly in all of the cases not exceed more than 4 to 5 months.
MYTH 2: ONLY EMIRATI NATIONALS CAN FILE FOR DIVORCE
As mentioned in the above-given governing law, the procedure of divorce can be used by both Emiratis and residents of the UAE. If it is a Muslim couple the Sharia/ UAE law would prevail over any other law same would apply if the husband is a Muslim regardless of the wife’s religion. In cases wherein the parties want to have their home country’s law applied, they would need to petition this before the court, and if accepted this law would govern their dispute, but the general divorce laws of the UAE would prevail over the specific statutes of their home countries laws that opposed them. Thus, it is best to say that almost anyone in the UAE with proper legal documentation and proof can file for a divorce.
MYTH 3: DIVORCE IS PROHIBITED UNDER ISLAMIC LAW
Contrary to the huge misconception about how divorce is prohibited in Islam amongst non-Muslims, they fear that the same would probably apply to the divorce laws in Dubai and thus never really get going on this procedure and leave an important decision in their life hanging. They are not completely wrong, but it is usually considered as a last resort if the conciliation stage does not go according to plan.
The Quran has explicitly permitted divorce in many areas of its script such as in Surah At-Talaq wherein the specifics of this procedure are discussed in detail and has talked about the rights and obligations of both the man and the woman.
There are 2 types of divorce, one which is called as the Sharia Divorce, and the other is the Civil Divorce:
- Sharia Divorce:
- a) Talaq: The husband pronounces divorce, typically followed by a waiting period (iddah) to allow for potential reconciliation. If reconciliation does not occur, the divorce becomes final after the iddah period.
- b) Khula: The wife requests a divorce, offering compensation to the husband. This process requires judicial approval and is intended to ensure the wife is not coerced into relinquishing more than is fair.
Civil Divorce is the legal route of taking a divorce, this would probably require professional legal advice from Family or Divorce Lawyers in Dubai.
Thus, it is obvious now that divorce in Islam is not prohibited, it’s just about the details, specifics, and conditions that are to be met that make it a permitted procedure in Islam.
MYTH 4: CHILD CUSTODY IS ALWAYS AWARDED TO MOTHERS
This is the second most spread out myth in the UAE related to divorce, the husbands are always usually afraid of how their kids would be separated from them and given to the mother since it is a societal stigma/ responsibility of the mother to take care of a child and how a child’s upbringing would be done best by a mother.
Firstly, it’s important to know the difference between a Custodian: which is the entire day-to-day needs and requirements of a child-like medical support, emotional support, religious guidance and accommodation, etc. which is often awarded to a mother, and if the court finds differences, there are high chances of a father becoming a custodian as well, and a Guardian: The one that provides financial support to a child, these are in majority of the cases always a father in the UAE.
For a father to gain both custody and guardianship of a child he must prove that he is rational, mature, honest, free from an infectious disease, and can bring up a child, this means that the wife should not be able to meet any 1 of these criteria’s AT LEAST for the father to get the custody of a child.
ADDITIONAL RESOURCES
Legal Resources:
1) UAE FEDERAL LAW NO 28 of 2005 Personal Affairs Law: This law governs matters of personal status, including marriage, divorce, child custody, and inheritance in the UAE. It provides detailed guidelines on the legal framework for divorce.
2) Ministry of Justice- Divorce and Family Matters: The Ministry of Justice provides detailed information and guidelines on divorce proceedings, including the rights and obligations of each party.
3) Dubai Courts- Family court services: The Dubai Courts offer services and resources for individuals seeking divorce, including mediation and legal consultation services.
Support Services:
1) Dubai Foundation for Women and Children (DFWAC): DFWAC offers support services for women going through divorce, including legal advice, counseling, and shelter for those facing domestic violence.
2) Emirates Family Association: Provides counseling and support for families dealing with divorce, including workshops and legal advice.
Conclusion
There is not much to say about divorce myths in Dubai, since the majority of it has been covered but if you or any of your relatives and friends do go through any of the troubles mentioned above, please do not hesitate to contact us at Musaab Ali AlNaqbi Advocates & Legal Consultants in Dubai. Our team has some of the most highly qualified and experienced Family Lawyers in Dubai that would cater to your requirements and provide you with one of the best Legal Experiences related to Divorce Law in Dubai.
Our law firm specializes in divorce law, offering expert legal support, personalized attention, and a proven record of success. We handle everything from asset division to child custody with care and professionalism. Let us help you navigate this challenging time with confidence. Contact us today for a consultation!
