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Browse our 2 legal questions about Divorce & Separation in United Arab Emirates and the lawyer answers, or ask your own questions for free.
Divorce and separation laws in Al Ain City follow the broader legal framework of the United Arab Emirates (UAE), which is based on Islamic Sharia law. Both spouses have a legal right to seek divorce. The process can be either by way of mutual consent, or one party can initiate it based on several legal grounds such as adultery, desertion, abuse or long-term separation. Understanding this framework and its implications can be complex, which is why it's recommended to seek legal assistance for such matters.
Going through a divorce or separation can be emotionally and legally complex. Interpretation of the Sharia law can vary and having a skilled and knowledgeable lawyer is crucial. They can assist you in understanding your rights, outlining your options, negotiating settlements regarding property, finances and child custody, and representing you in court. It's particularly important if the divorce is contested or involves significant assets or disputes over child custody.
In the UAE, divorces are governed mainly by the Federal Law No. 28 of 2005 on Personal Status. Under this law, a Muslim man can divorce his wife verbally, whereas a wife seeking divorce must present valid grounds such as harm or abandonment. The law covers "Khula" (divorce initiated by women), custody issues, alimony, division of property, and other relevant issues. Non-Muslim expatriates can also seek divorce in UAE courts, and the law applied can be of their home country if both parties agree.
You or your lawyer would need to submit a divorce application at the Family Guidance Section of the Abu Dhabi Judicial Department in Al Ain City. A counselor will attempt reconciliation between the parties as the first step.
In most cases, mothers are given custody of children until a specific age (usually 11 for boys and 13 for girls), post which custody usually transfers to the father, depending on circumstance and child's preference.
In general, each party retains what they owned prior to the marriage. Any assets acquired during the marriage are usually divided based on contribution.
Yes, non-Muslims can file for divorce in the UAE courts and can request the application of their home country law if both parties agree.
If both parties reach an agreement on all issues, court appearances may not be necessary. However, in case of disputes over custody, property, or other areas, a court hearing will be necessary.
For further assistance, you can approach the Abu Dhabi Judicial Department or the Family Guidance Center in Al Ain City. Online resources such as the official UAE Government website (https://government.ae) also offer useful information.
If you require legal assistance, your next step would be to find a reputable lawyer experienced in UAE divorce laws. Prepare all necessary documents such as marriage certificates, identification documents, and relevant financial records to expedite your case.
