How the UAE Protects Expat Women’s Divorce Rights
advocates in dubai I am a woman who works in the legal profession within the United Arab Emirates. In the course of my work, I encounter so many women who are worried about what rights they would enjoy in the UAE if they divorced their husbands. Most of them think that they would be in some kind of trouble if they filed for divorce. I feel like I have to write this article to let women know just how safe they are.
Sharia Law applies in the UAE when it comes to divorce. This makes it different from other countries that are not governed by Sharia, like America or Australia.
Expats usually want to know which law would apply if they were to get divorced in the UAE. The answer to this is that expats have the opportunity to choose which law will apply to their divorce. Whether it is their country of nationality, residence, or domicile.
Three major rules apply in the UAE, in terms of jurisdiction:
- Foreign nationals living in the UAE can get divorced there as residents.
- Foreign nationals can also choose to file for a divorce in their home country. This one is applicable subject to your own country’s laws on residency.
- The third option, which not many people know about, is that you can file for a divorce within the UAE but under the laws of your home country. If the spouses do not share the same nationality, this would be a little tricky obviously. It would not be possible to apply the laws of the countries of both parties.
Sometimes your home country may not necessarily cater for every aspect of your divorce. Maybe you need to settle child maintenance dispute but the laws of your home country don’t cater for it. You can allow the court in Dubai to apply the laws of the United Arab Emirates to that specific aspect.
Parties to a divorce should talk to licensed family lawyers before embarking on the case. They have to do this so that they choose the legal jurisdiction that will be best for them. Choosing to apply UAE law or the laws from your home country will affect what kind of settlement you get when it comes to custody of children or financial matters.
How to File for Divorce
After seeking advice from a lawyer, any one of the two parties to the divorce can open their file. The office is the Family Guidance Committee in Dubai.
After filing for divorce, meet a court conciliator who will try to assess whether it is possible for the parties to come to an amicable solution. This step is a must for any divorce case in the United Arab Emirates.
How to Get the Divorce Quickly
The easiest way to get a divorce fast is to come to a mutual agreement as to the custody arrangements and division of assets. This means is that if you two can negotiate and come to a mutual agreement, you get your divorce pronto. This is called a mutual consent divorce.
It begins when you prepare a settlement agreement with the help of your lawyer. The lawyer files your settlement agreement.
You have an opportunity to do this during your meeting with the reconciliation counsellor.
What Constitutes Grounds for Divorce?
You have to cite an acceptable reason when filing for the divorce. Luckily, this is much easier in the UAE than in many other countries. When the court grants you a divorce, it will rue on the child custody, any payments or maintenance, and asset division etc.
This applies to whoever files for divorce, whether it is the wife or the husband. Getting a divorce is much simpler when you come to a settlement so that neither of you has to come up with an acceptable reason for your divorce. There is no need to find reasons once you have arrived at mutual agreement.
Who gets Custody of the Children?
Courts in the UAE can award custody of children to either of the two parents, depending on whether it is in the best interests of the child. UAE does not apply common-law marriage.
After a divorce, the mother typically becomes the ‘custodian’ of the children while the father becomes the ‘guardian.’
The children stay with their mother until they reach puberty. At puberty, the father can apply for custody of the children. If the mother disputes the father’s application for custody, the court will decide based on children’s best interests.
The children’s mother is a custodian who is charged with the children’s day-to-day care. Their father takes care of their medical care, education, accommodation, and moral guidance.
Do I have any Rights as a Woman in the Laws of the UAE? advocates in dubai
UAE law puts the responsibility of providing financially for the children fully on the male parent. That is 100%. This obviously includes housing, education and other basic needs. As the mother of the children, you will obviously benefit from this housing. Women and children usually appreciate this financial relief. It also puts more responsibility on fathers who might not like the responsibility. Men who are unfamiliar with how Sharia Law works when there is a divorce may be up for a huge battle.
Even though Shariah holds fathers 100% responsible for providing for their children, it does not provide ex wives with any form of spousal support. This can be a huge disadvantage for childless women. Wives are only supported during a three month span of time called ‘iddah’ when she is not allowed to remarry. She gets a monthly lump sum during this time.