Starting the journey of divorce is a difficult decision that changes lives. In the United Arab Emirates, this journey involves legal complexities that require a clear understanding of the steps involved. Whether this process is amicable or judicial, it requires a deliberate approach to navigate the legal landscape. Our guide highlights some basic steps for obtaining a divorce in the UAE.
-
Begin Consultation
Your journey starts with seeking guidance from a skilled family lawyer. Understanding your rights and responsibilities forms the foundation for the path ahead.
-
Intensive Efforts to Resolve Spousal Disputes, Pursuant to the Principle of "Reconciliation is Better"
Before initiating legal proceedings, we attempt amicable reconciliation between spouses through mediation and amicable settlement to reconcile their differences and resolve conflicts after consultation with them and their consent to protect the children from the consequences of the dispute, achieving a mutually acceptable and guaranteed fair solution. Judicial solutions are uncertain, and furthermore, public disputes negatively affect the children. This can be avoided through amicable settlement. Islamic principles emphasize the importance of finding common ground between spouses to reach a satisfactory and guaranteed resolution that satisfies both parties, protecting the children from marital discord. The settlement can be implemented directly, saving time, effort, and legal expenses for court disputes, as it cannot be challenged again in court.
-
Seeking Amicable Solutions in Family Dispute Settlement
In case amicable settlement efforts between the parties fail, and it becomes clear that reconciliation between the spouses is impossible, and both parties insist on divorce, they should first turn to the Family Guidance Section before referring the case to the competent court to complete the divorce proceedings. Each party submits their evidence against the other, and each defends themselves until a judgment is issued.
-
Filing for Divorce
Proceed by filing a divorce case in the appropriate court. Each court has its procedures and unique conditions.
-
Participation in Hearing Sessions
Participate in court sessions where evidence and data are presented. The judge considers various factors to ensure a fair decision.
-
Issuance of Divorce Judgment
Based on valid reasons, the court issues a divorce judgment, formally ending the marriage and determining various arrangement conditions.
-
Execution of the Judgment
The conditions of the divorce decree become legally binding. Complying with custody arrangements and financial obligations is essential.
-
Guidance from Specialists
At every step, the expertise of legal professionals like Raafat Sherif Eldin is invaluable. Seeking guidance ensures a smoother process.
-
Child Custody
According to Federal Law No. (28) of 2005 concerning Personal Status, the biological mother is the custodian, and the father is the guardian. Custody includes daily care of the child, typically granted to the mother as long as it does not conflict with the father's right as guardian.
In all cases, the father is responsible for financially supporting the child. This includes providing housing, food, medical care, education, and other necessities.
Custody and guardianship are separate issues dealt with individually in the UAE. The court prioritizes the child's best interest when determining custody in case of disputes unless the court decides otherwise for the child's welfare.
Under Article 156 of Federal Law No. (28) of 2005 regarding Personal Status, custody of girls ends at the age of thirteen and boys at the age of eleven unless the court extends it for the benefit of the children until the boy reaches adulthood or the girl gets married. The father can then apply for custody.
Navigating the path of divorce in the United Arab Emirates requires experience, flexibility, and a precise understanding of cultural nuances. Whether you seek resolution or protection of your rights, a specialized legal partner can assist you in overcoming complexities while striving for a fair outcome.
