In the United Arab
Emirates, getting divorced costs between
Dh8,000 and Dh12,000. To cut on the cost
involved, it is recommended for the couples to ensure that their separation is
resolved as amicably as possible.
There are several factors that cause high divorce rates in the UAE.
A few of those have been cited including marital infidelity, job loss, poor
communication, financial strain, social media, cultural and religious
differences and unrealistic expectations.
But when there is a crack in the partnership, how should a
couple ensure that they make their separation official?
Divorce among couples following Islam
Islamic marriages are predominantly governed by Sharia law. In
Dubai, the first step in filing for divorce is to register the divorce case at
the Dubai court -Moral and Family Guidance Section. If there is a need to
reconcile divorcing parties, then it will be made with the guidance of an
appointed counsellor. The case is
forwarded to the courts in case if both parties are adamant about the divorce.
Divorce among Non-Muslims
Non-Muslims and other expats can either apply for divorce in UAE
or file for divorce in their home country. Non-Muslims who have married in the United Arab Emirates can divorce under their
own country’s laws.
Costs involved in the entire divorce process
When applying for a divorce, seek the advice of a specialist
divorce lawyer who possesses adequate knowledge about local Sharia law. Usually, a divorce questionnaire is answered to
give the lawyer an idea about the divorce costs and where the divorce can take
place. Sometimes, Jurisdiction has an impact on divorce and so this has to be
considered from the outset.
The professional fees for an uncontested, amicable divorce
ranges from approximately Dh8,000 to Dh12,000, in addition to various
Disbursements. Further, a financial
settlement is also billed with it.
Duration of a divorce plea
This usually depends on the case complexity
but can be 3 to 6 months in general. Since divorce cases in Dubai are governed
by the Islamic Sharia law, it can be difficult for the couples to separate as
the judge must be fully convinced about the fact that their marriage will never
work.
Once the couples have decided to apply for their divorce, they
have to establish to the judge that they are of sound mind and are capable of
making their own choices. After rigorous counselling,
if the couple, or either of them, still insists on divorce, the application
will then be forwarded to a judge at court to obtain his decision on the
divorce.
Sharia/UAE law will most likely be applied if the couples are
both Muslims and residents in the UAE. The same is likely if the woman is a
non-Muslim and the husband is a Muslim.
Better opt for a peaceful conclusion
Engaging lawyers will help ensure that the couple has an orderly
parting and their children are fairly protected. The best way is to do
everything you can to arrive at an amicable settlement with your separated
partner.
References
Nita Maru, “If you really must
divorce, this is how it happens in UAE”- Published in thenational.ae website(2014).
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