5 Things You Should Never Do When Considering Divorce In Dubai

By Author: Dr. Hassan Elhais
Total Articles: 60
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In Dubai, divorce and other personal status matters fall under the UAE family law. The UAE family law comprises Federal Decree Law No. 41 of 2024 governing Muslims in the UAE, Federal Decree Law No. 41 of 2022, governing non-Muslims in the UAE except in the Emirate of Abu Dhabi, and Abu Dhabi Law No. 14 of 2021 governing non-Muslims in the emirate of Abu Dhabi. Although divorce laws vary as per the applicable law, there are certain factors that should be taken into account when considering divorce in Dubai.

Details regarding any joint property

The UAE family law does not recognize concepts such as marriage regimes, or community property regime. Thus, a party does not automatically acquire an interest in a property that was purchased by another party, solely on the basis of a marriage. Only properties that have been purchased jointly pursuant to financial contributions by both parties, will be divided between the parties post-divorce, and the division will be proportional to the contribution made by each party.  

Reimbursement of financial contributions

As per ...
... the Muslims personal Status Law under Federal Decree Law No. 41 of 2024, the husband is solely responsible for bearing the expenses of the family. This includes food, clothing, shelter, health care, education of the children, and all other necessary expenses. Consequently, a wife has the right to seek reimbursement of financial contributions made by her towards expenses of the family. Wives may seek reimbursement for up to the previous two years of the marriage.
When considering divorce, it is beneficial to keep track of the financial expenditure, in case it is such information is required to be submitted to the court.  Consulting Dubai family lawyers can help in documenting and presenting such financial claims effectively.
 

Proving harm or fault in the event of a divorce

The UAE family law, under the civil personal status law for non-Muslims, allows no-fault divorce. This means that either party in a marriage can seek divorce from the other, without the need to establish that the other party has harmed them or has any fault that makes the marriage unsustainable.
Although the parties have the option to seek a no-fault divorce, clarifying the fault on the part of the other party will have an impact on the outcome of the case with respect to custody rights and financial rights. For example, if a party in a divorce is able to establish domestic violence in the marriage, the court will consider this fact while providing judgement on the matter of child custody and alimony. In such cases, divorce lawyers in Dubai can guide clients through the evidence-gathering process to strengthen their case.
 

Entering into a NewRelationship

The UAE laws do not recognize the concept of separation of couples without an official divorce. Therefore, one must ensure that they do not enter into any new relationship while being legally married, even if they have been separated for a long time. Such a relationship with a third party while one is officially married to another will be considered adultery. Seeking guidance from Dubai family lawyers can help understand the legal implications before taking any step.
 

Precautionary steps against child abduction

If both parties in a marriage are considering a divorce, it is generally advisable to take all the necessary precautions available by law to ensure that one of the parents does not relocate with the child without the permission or knowledge of the other parent.
Conclusion
Divorce is a major decision that can have a long-term impact on not only the parties to the divorce but also their children. In these emotionally charged situations, it is highly advised to consult Dubai family lawyers who have a clear idea of the applicable laws and their surrounding procedures. Divorce lawyers in Dubai can approach the case objectively and help you make decisions that can bring out the best outcome for your case.

After qualifying as a lawyer within the fields of Criminal and Public Law, Dr. Hassan Mohsen Elhais has been practicing as a Legal Consultant in Dubai since 2006. Working exclusively with Awatif Mohammad Shoqi Advocates & Legal Consultancy, Dr. Hassan has a strong ethical stance with regards to the place of the law firm, from clarity on the legal process through to the fee system.