5 Most Common Reasons For Divorce In UAE | How Expats Can

File A Divorce In UAE?

Divorce
Simply stated, in legal terms, a divorce is the lawful termination of a marriage contract by a countrys
court when one or both parties file for divorce.
In the UAE, under Sharia Law, the two types of divorce are revocable and irrevocable.
Under the revocable divorce, the husband is allowed to cancel the divorce at any point until the end of
the waiting period or as known as the three-month Iddat. If the couple wishes to restore their marriage
after this period, it must be done by getting married.
On the other hand, under the irrevocable divorce, the marriage is ended as soon as it has happened.

5 Most Common Reasons for Divorce in UAE

In a study conducted in 2016 by Zayed University, UAE University, and Al Khwarizmi International
College, one of the biggest factors for divorce is interference of family members, financial issues, and
lack of communication.
Between 2016 and 2017, the divorce cases are mainly about money-related matters that includes claims
for alimony, demands regarding getting their dowry back and other expenses, accommodation
allowance, money to hire a maid or nanny, etc.
There are a couple reasons of why couples end their marriage. Some of them are listed below:

1. Infidelity

It believed that one of the leading causes of divorce in the UAE is extramarital relationships. Some
people feel that they have anonymity for the reason that most people have a lot of factors that are
holding them back to bring their families in the UAE, giving them some sort of freedom when it comes to
not having anyone in the country to reprimand them. Both men and women are accountable to this kind
of issue.

2. Lack of communication
For many, when there is lack of communication, it is difficult to make things work inside a marriage.
Based on a study by the UAE Marriage Fund, poor communication ranks up among Emiratis ahead of
lack of love, infidelity, or physical violence.

3. Loss of job
It is arduous for a family when the head of the house loses a job. In the UAE, however, it has a huge
impact since being employed is a survival that is linked to residence visa. This could lead to one of the
couple leaving the country or both of them suffering from money-related issues.

4. Religious and cultural differences

It is common between different nationalities in the country to marry regardless of the religious
differences. Since people are brought up differently with different beliefs, cultures, principles, and other
things that make up who they are, more often than not, these factors cause a breakup between couples
since those can clash turning into a huge argument.

5. Lack of support system

Moving out of your homeland and relocating somewhere else especially with children is not an easy
thing to do by anyone. It is such a life-changing decision that one can only stick to once its already
happened. When there is only one person, the partner, who is the support system of the other, it can be
a problem since the other would normally start to expect the only support system to be a husband/wife,
best friend, mother, father, etc., and it often creates unrealistic expectations. Inevitably, it leads to
disappointment when the support system cannot accomplish what the other is expecting and, therefore,
leads to a heartbreak.

How to File a Divorce in the UAE

If both parties or one of them has decided to end their marriage, a registration for divorce should be
done at the Family Guidance Section at the judicial department in any Emirates. The Courts will appoint
a conciliator to try to talk the two parties into restoring their relationship. This kind of process is
mandatory, and both parties are permitted in voicing their issues or concerns with regard to their
marriage even in the absence of their legal representatives.
At this stage, amicable divorce can be done and closed. With the agreed terms set in place, both parties
should draft a settlement and sign it in front of the conciliator.
If there are no terms agreed by both parties, and one or both of them would like to go for the divorce,
the conciliator will give a referral letter that permits them to proceed to the court for the conclusion of
their divorce.
Within three months from the date of issue, the aforementioned letter can be submitted to the court
for processing. The parties involved in the divorce are under the courts discretion and are required to
provide evidence to support their claims against each other and to defend themselves as well.

UAE Laws and Regulations That Govern Divorce For Muslim & Non-Muslim
Residents
UAE expats in the country who have been married outside have a choice when it comes to what laws
and regulations will govern their divorce.

A. Divorce laws for Muslim couples

Shariah Law governs Islamic marriages. If both parties are Muslims and residents of the UAE, Sharia/UAE
Law is expected to be applied when divorce is processed. In cases when the husband is a Muslim and the
woman is a non-Muslim, it is likely that Sharia/UAE Law will be applied as well.

B. Divorce laws for non-Muslim couples

Non-Muslim expatriate residents are permitted to file for divorce in their home country or apply for
divorce in the UAE.
If the parties decide to have their divorce processed in the UAE, they can petition the court which law
should apply. According to Article 1 of the Federal Law No 28 of 2005 or known as Law of Personal
Affairs The provisions of this Law shall apply to citizens of the United Arab Emirates State unless non-
Muslims among them have special provisions applicable to their community or confession. They shall
equally apply to non-citizens unless one of them asks for the application of his law.
Simply stated, the parties may enquire for the application of their own laws to their personal status
matters.

Divorce is a complex matter that needs to be thought over before going ahead to filing for one in a
judicial department. There are also legal matters that need to be dealt with when the processing is
ongoing. Therefore, legal advice is needed.