Divorce is a significant decision taken by the couple in case of non-compatibility.
A couple living in agony, unhappiness, or abusive marriages tends to opt for it. The legal process of divorce is a bit complex. Particularly when it comes to expatriates in the UAE, there are significant laws to the process of divorce. Nonetheless, the legal procedures for divorce in the UAE are lengthy, complicated, and exhausting. Couples who sought for divorce have many questions and queries in mind. Moreover, we will also shed light on the legal process and grounds for divorce. Crucial matters like child custody and others are also answered within the UAE jurisdictions. There are several applicable laws and regulations for divorce in the UAE. For the expats, the law of the nation where the marriage was solemnized is the foreign law. It is mostly applicable in the UAE concerning divorce cases. Family Lawyers in UAE especially the Family Lawyers in Dubai, are considered the most professional. These Advocates in Dubai have proved their excellence in last many decades. Besides, the expatriates use the benefit of using foreign law in the courts of the UAE. Additionally, the subjects to the Civil Code’s rules of UAE are limited in application.
There are proper foundations of Divorce Law in the UAE. The Islamic Sharia law and its customs are the basis for addressing the issues like divorce. The laws and regulations are extracted from the personal status law in the UAE. These Advocates in DUBAI for Family Law also have to appear in separate courts called as Family Courts Garhoud. ABU DHABI also provides separate family courts and sections.
Understanding the Legal Grounds for Divorce in the UAE:
Adultery is the concept where any of the spouses is involved in sexual activities outside their marriage. This requires substantial evidence to prove in the court.
This requires eyewitnesses, narratives, images, photos, videos, phone recordings, and other shreds of evidence to connect the dots.
Desertion is the process that occurs when one spouse leaves against the will or consent of the other spouse. In this, a specified time frame should pass for a divorce to be granted over solid grounds. If it falls under any of the categories, it triggers solid grounds for a divorce to happen.
In this scenario, there is a need for medical records along with other pieces of evidence. Furthermore, it requires the 2 male witnesses that support the claims made in the UAE courts.
The Bodily Defects can result in the annulment of marriage. It also results in divorce to happen. Marriage annulment takes place when any of the spouses has a defect like leprosy, vaginal canal obstruction, or insanity.
Moreover, the advanced knowledge of the defect before marriage will forfeit the right to annul the marriage altogether. The imprisonment of any spouse who served in jail for over 3 years’ time has the right to take a divorce. In case, a husband fails to support his wife can also result in divorce. The woman can request a divorce if the husband fails to withhold the financial responsibility towards his wife.
Nevertheless, the judges can decree divorce in cases including non-compliance with alimony judgments.
The Legal Process and Role of Courts Regarding Divorce in the UAE:
Divorce is a tiring, exhausting, and time-consuming process.
Firstly, the conciliation is encouraged as an attempt to sort out the disputes. Therefore, in the initial phase, the couples are requested to sit together to discuss the matters to resolve the problems and reconcile. The couple is encouraged to refrain from getting divorced. Next, an attempt is made to reach an amicable agreement if divorce is inevitable.
For the process of conciliation, the couple needs to submit some important documents. It includes the submission of marriage licenses, marriage agreements, contracts, child birth certificates, passports, and more. All of the documents should be properly translated into Arabic language. Added, the legislative is restricted to a three-month time period.
If the conciliation process fails completely, then the couple moves to the courts in the UAE. Failure of conciliation allows the couple to land in First Instance Court. The parties involved in the process will file, respond, and engage in the court proceedings. Moreover, they also have an option of legal representation.
All the court proceedings are conducted in Arabic language. Therefore, the expatriates are provided with translation services for their ease and understanding. Both parties in marriage have a time span of 28 days to appeal the decision. The appeal is made with the Court of Appeal in UAE. Nevertheless, the procedure of appeals mirrors that of the First Instance Court.
Thirdly, the ultimate decision leads to the transfer of the case. Here at this stage, no new evidence is accepted. At this level, the entire focus is on the due process.
Lastly, the Enforcement Court will ensure the application of the decision made. In the last stage, the judges will emphasize the enforcement of the decision. Additionally, they ensure compliance with the agreements made during the due process.
For instance, if both parties have settled the matter during conciliation, the case skips the whole judicial system. The case will directly move towards the Enforcement Courts.
Seek Assistance from Divorce Lawyers in the UAE:
Legal Services by professional and prolific divorce attorneys are helpful. They are capable of providing legal advice, counseling, and legal representation in sensitive matters like divorce.
Divorce is a traumatic event in one’s life that disturbs the normal life cycle of a person. An individual ought to seek the assistance of a multilingual divorce lawyer in the UAE.
They have the potential to resolve disputes, deadlocks, and conflicts amicably. They also provide conflict resolution along with court representation if needed.
Continuous legal assistance in case of divorce is inexorable.The Divorce lawyers in the UAE will handle sensitive matters with delicacy and extra caution.
Due to the delicate nature of family disagreements, the lawyers will be able to provide a shoulder to rely upon. With their assistance, one can aim for fair agreements with minimal upheaval.
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