Divorce in Dubai: Busting the Myths

29 Sep 2016

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DIVORCE IN DUBAI

Common Misconceptions Surrounding Divorce in Dubai and England for Dubai Residents

Divorce is not an easy subject of conversation to have in Dubai.  Setting aside the emotional turmoil that expats would find themselves in at that stage in their lives, they would often be reluctant to seek the right advice because of misconceptions and misplaced fear.

In this Family law blog series, which will address both English and UAE Sharia law, I will attempt to bust the most common myths.

This week, let us look at the recurring misapprehensions on issuing divorce proceedings in the UAE and in particular in the Dubai Court.*

1. Do I need to be Emirati or a Muslim to start divorce proceedings in the Dubai Court?

No - Regardless of your nationality and religion you will be able to initiate divorce proceedings in the Dubai Court. The Dubai Family Court is open to everyone living, working, residing and / or domiciled in the UAE.

2. Can I issue divorce proceedings in the Dubai Court if I am on my spouse’s visa?

Yes - The fact that you are on a spousal visa or your own visa does not matter. The important thing is that you are on a valid visa.

3. As a woman, can I start divorce proceedings in the Dubai Court?

Yes - The fact that you are a woman does not have any impact on your ability to start divorce proceedings through the Dubai Court. Many clients think that they will be unable to start divorce proceedings through the Dubai Court because of their gender but this is not the case.

4. I don’t speak Arabic, can I still obtain a divorce through the Dubai Court?

Yes - The Dubai Courts have a number of translators available to assist non-Arabic speakers who wish to start divorce proceedings in the Dubai Court. This service is free. In addition, a significant number of Court staff speak English and will be able to assist you accordingly.

In my next blog, I will address queries surrounding the issuing of divorce proceedings in the UK whilst living in the UAE.

*This blog contains general information about legal matters.  The information is not advice, and should not be treated as such.  For detailed advice kindly contact my colleague Ms Dee Popat or myself at family@jamesberrylaw.ae

Madeleine Mendy

Senior Legal Consultant (Dubai)

Solicitor (England and Wales)