Divorce in the UAE is governed by the UAE Family Laws, usually known as Sharia Law. But, if the parties belong to another country and marry there but get a divorce in the UAE, then they will follow the laws according to their country’s laws. In the UAE, people often think of divorce with mutual consent, making things easier for the Lawyers.
- There is a complete procedure to get a divorce with mutual consent. It begins with filing a case, attending a counseling session and getting a divorce after the approval from the court. Both spouses need to provide a valid reason for getting divorced. There are two types of Divorce, amicable and disputed one.
- However, divorce can be conducted in a friendly manner. Family Lawyers have always tried their best to normalize divorce just like marriage has been normalized, everywhere. If the divorce has been decided with mutual consent, then it can be as quick as a month from the Personal Status Courts, anywhere in the UAE.
During this whole process of divorce, the parties also have to decide about their assets. Some of them must be managed with co-ownership, therefore, they need to be sorted out in the first place. It is better to consider a lawyer who can handle the issues of property between the two parties. An experienced lawyer can explain the financial outcomes better than anyone else could do it.
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The divorce laws are different for Muslim and Non-Muslim couples. As per the Sharia Law, a Muslim couple has to go through an Islamic way of getting a divorce. This means that the man can announce divorce to his wife, but if a wife wants to part ways with the spouse, she can ask for separation. Non-Muslim couples can file a divorce case in the UAE as per their home country’s family laws.
For an amicable divorce, the lawyer must be sensitive and listen to your case carefully. They should understand that a marriage that is falling apart can have serious repercussions on their client, therefore, they have to handle the case sensibly. Though, getting a divorce through mutual consent should not take long, but the family lawyer must find a quick way to end these things at the earliest.
Marriage Attestation in United Arab Emirates
If you are living in the UAE, a marriage certificate is required, no matter what religion you have. For example, the Muslims in the UAE have “NIKKAH” – a contract that solemnizes the marriage between the two people who have signed on those papers. Usually, a religious scholar finalizes the marriage papers, however, the family lawyers may also finalize the marriage if it is done in court. Most importantly, if you are an expat, your marriage certificate needs to be attested to make it legal in your home country but, no attestation is required in the UAE if the marriage papers are used within the UAE.
Often people wonder about the need for marriage attestation. The document needs to be attested to validate the information, such as names and signatures of both parties. Also, some religions do not encourage polygamy, therefore, attestation keeps the record of marriage. Usually, the marriage attested documents helps the spouse in different ways, such as sponsoring a spousal visa, making health insurance card of the spouse, passport and also application for the divorce at a later stage.
In many cases, the attestation of marriage certificates is done through family lawyers. But you need to know if the lawyer in your home country can manage your case or do they have to be from the UAE? The best way to clear out every confusion regarding the marriage certificate is to contact the family lawyers who are providing services in the UAE because you are currently living there.
One must understand that a marriage holds importance in the UAE if only it is attested, otherwise it is not considered legal. Before moving to the UAE, your marriage certificate should be attested. Moreover, the attestation should be sealed, especially when doing all the paperwork for a spousal visa or children’s passport
There are several law firms in every country, providing legal services in marriage and divorce cases. You do not need to think too much about hiring a family lawyer because they have to work according to the home country’s law to validate your marriage and look up on the UAE laws to make your immigration smooth in the UAE.