The family unit is certainly not a static establishment. In ongoing decades, marriage rates have fallen severely, and separation rates have increased, and the characterizing qualities of marriage have changed. Undergoing a separation is troublesome and too complicated. It includes a few legitimate documentation and procedures that need a Family Lawyer’s help. In Muslim nations like the UAE, separation is regulated by the principles of Sharia law. Non-Muslim and Non-Emirati can likewise petition for separation yet should experience a severe complex system and will require the assistance of the best lawyer in Dubai possession significant experience in divorce cases. Having 15 years of experience in family matters in UAE, legal consultants of family law wish to inform the readers about the procedure for filing divorce cases in UAE.
Criteria for filing divorce
As aforementioned, the criteria for Muslims and non-Muslims filing a divorce in UAE varies to a certain extent. Ergo, the requirements for a non-Muslim to register for divorce in UAE is that both parties shall be a resident of UAE, they are eligible for filing g divorce in their home country according to the home country’s law. Another significant consideration for non-Muslim couples residing in UAE and are willing to fila e divorce in UAE can file a petition for divorce based on their home country law as per Article 1 of the Federal Law Number 28 of the year 2005 (Personal Status Law), or they may register the case under Shariah Law. On the other hand, if both or either party is Muslim, the divorce case can only be registered under Sharia Law.
Procedure for divorce
As for how much I would love to elaborate the procedure for divorce in UAE, I still may not be able to write to every scenario which can happen and even if I do write, it is too intricate for a reasonably prudent person to keep all points in mind before acting out. Therefore, the primary procedure for filing a divorce in the UAE is to appoint the Best Family Lawyers in UAE.
The second step, post appointing the top legal consultants is to register the case before the Family Reconciliation Centre established in the judicial department of the relevant Emirate through your lawyers. Either party to seek the assistance of the conciliation centre can register the case. Upon registration of the case, a counsellor will be appointed by the reconciliation centre to understand the reasons for writing divorce and will try to arrange reconciliation or to arrange a mutual divorce between the parties. Nevertheless, if both the spouses are unable to resolve the dispute or reach an amicable solution, the counsellor will issue a no-objection certificate allowing them to register the case before Family Courts of the relevant Emirate. The certificate grants the two gatherings to continue and finish up the official partition and should be submitted to the UAE court inside a quarter of a year of its issue date.
In furtherance, once the case is transferred to the court, both the parties are obliged to submit relevant pieces of evidence in support of their claim and the grounds for filing the divorce, which can be sincerely discussed with the legal representatives. The case is introduced to the appointed authority/ judge at court and should persuade him/her that the marriage won’t work, the couple will have an organized division, and any youngsters from the association will be secured and thought about. The appointed authority’s choice will settle the case’s result, which will grant the parties divorce and the judgment upon the custody of the children.