Federal Law No. 28 of 2005 on Personal Status related to family matters. Under the law, Divorce in the UAE required specific grounds for initiating the process. The husband had the right to initiate the divorce process. On the other hand, the wife could only initiate divorce if she had such a right in the marriage contract. Moreover, a wife can also initiate if there were grounds for ‘harm’ as mentioned in the law.
Divorce could be pronounced verbally, in writing, or through understandable gestures. For Muslim couples, the divorce should be registered with the courts. For the recognition of divorce in the UAE, it must be registered.
Before proceeding to court, the spouses were required to go through a Mediation procedure. It is the process conducted by the Family Guidance Committee. The committee aimed to facilitate reconciliation between the spouses. Following this, if no agreement was reached, the matter would be referred to a judge. Learn more about Mediation by Family Lawyers in Dubai.
Divorce could be granted based on various grounds and factors. It may include defects preventing physical interaction, serious deceit by one Spouse, Non-Payment of Dowry in a Non-Consummated marriage, and discordance between the spouses. Learn more about Non-Consummated Marriages by Family Law Firms.
Some of the reasons are failure to provide financial support, the husband’s absence despite the warning, imprisonment of the husband for more than three years, lack of engagement between the spouses for more than four months, and much more. There are many other specific circumstances outlined in the law concerning divorce.
Once divorce proceedings were initiated, the wife had to observe a waiting period. It is the period known as “IDDA”. “IDDA” is an Arabic word meaning waiting. This period lasted for about three months or until the birth of the child if the wife was pregnant.
During this period, the husband was responsible for bearing the wife’s expenses. The purpose of IDDA was to determine pregnancy in women. This allows for reflection on the decision of divorce in clear terms. If both parties wished to reunite, they could reconcile during the period. They can easily revoke the divorce during this period.
New Federal Decree-Law No. 41 of 2022 on Civil Personal Status applies to Non-Muslims in UAE. It implies to non-Muslims in the UAE the divorce process. Under the law, the process of divorce can be initiated without providing a reason or blaming the other party.
Divorce can be filed jointly or by one party in isolation. There is no mandatory mediation process for Non-Muslims. Besides, Non-Muslims couples can directly approach the court for a divorce. There is no waiting period for the wife under the law.
Additionally, the divorce becomes effective as soon as the judgment is pronounced.
If you are stuck in a situation like this, it is always a better option to consult a legal professional. Divorce or family lawyers in the UAE are perfect for legal guidance in this regard. They have the latest updates concerning the legislation and the special guidance under the divorce laws in the country.
Role of Family Lawyers in Dubai
Family Lawyers in DUBAI means the authorized, Lawyers for the legal services. The Legal Service for Family Law means to deal the Cases in Court for Divorce, Child Custody, Alimony, and more. We should reach to Family Lawyers if there is something serious. The Dubai Lawyers expert in Family Law help Muslims Couples as well as Non-Muslim Couples in relationship counselling and Court Cases. Therefore the role of Family Lawyers is much contributive and important.
