Understanding Divorce Law for European Expats in the UAE

Navigating the legal landscape of divorce, especially as a European expat in the UAE, can be a complex and emotionally challenging journey. In 2021, the number of divorce cases in the United Arab Emirates reached around 5.4 thousand cases, up from around 4.2 thousand cases in 2020, and 41.7 percent of divorces were filed between non-Emirati nationals.

We spoke to Zarqa Altaf, Senior Associate at Yungo Law, about what European expats should consider when pursuing a divorce in the UAE.

Zarqa, what are the legal steps for European expats to get a divorce in the UAE, including the necessary documents and procedures?

To initiate divorce proceedings in the UAE as a European expat, you must meet the residency requirement of having lived in the UAE for at least 6 months. The first step is to register your divorce case with the relevant court by filing a petition. If you wish to apply the laws of your home country, you must include this request in your petition. Provide essential documents such as passport copies, residence permits, proof of financial status, and any supporting evidence, such as misconduct, abuse, or financial disputes.

What are the reasons for divorce in the UAE, and how do they apply to European expats?

Grounds for divorce in the UAE can include mutual consent, separation, harm, and abuse but spouses have also the option to choose a no fault divorce in some Emirates, like Abu Dhabi. European expats can seek divorce based on these grounds recognized by the UAE, or by their home country’s laws.

So how is jurisdiction determined in divorce cases involving European expats in the UAE?

Jurisdiction is determined by whether the parties are non-Muslims with nationality from another country or Muslims, but with a nationality from a secular country. If so, they can request the court to apply the law of their home country instead of UAE law. So for example, you could be an English expat living in Dubai, and ask for your jurisdiction to be England and Wales.

What factors influence child custody decisions in UAE divorce cases with European expats?

As with many other countries when it comes to child custody in the UAE, it is primarily about the child’s best interest. Factors that can influence custody include the child’s age, gender, parental fitness, parent-child relationship, financial ability, stability, residency, parental behaviour, cooperation, and the child’s and parents’ religion.

Could you explain the rules about spousal support or alimony in UAE divorce cases for European expats?

In some cases, the court may order temporary maintenance during divorce proceedings to provide financial support until a final decision is made. There are no specific rules as the court exercises discretion based on particular circumstances of the case, but the court tries to ensure the spouse can maintain a similar standard of living enjoyed during the marriage.

The court considers factors like the years of marriage, age of the spouses, the contribution of both parties, financial stability, education level, non-financial contributions, physical condition, number of children, and financial income.

How are assets and property typically divided in UAE divorce cases, and are there any special considerations for European expats?

The court aims for a fair and equitable division of assets, considering the factors mentioned earlier (years of marriage, contributions made by both spouses, educational level, etc). Pre-nuptial agreements can also be taken into account, but the court retains discretion.

Are there international agreements impacting divorce for European expats in the UAE?

The UAE is not a party to any international agreement related to divorce, however certain countries have laws in place which recognise foreign divorces. For example, in UK, s46 (1) Family Law Act 1986 allows UK to recognise a divorce granted in another country. This has been reaffirmed in the case of Lachaux vs Lachaux 2017 and was upheld in the Court of Appeal. Also in Italy, Article 64 law number 218 of 1995 gives permission for a judge to recognise a foreign divorce judgement.

How are decisions from divorce cases, including custody arrangements, enforced when one or both parties are European expats in the UAE?

The court issues an enforcement order, allowing the judgment’s recognition and implementation. It can be sent to relevant authorities like government departments or financial institutions.

What are the recent updates in UAE divorce law that European expats should be aware of?

There are three main developments that have happened in recent times:

• The new law allows expats to choose between applying their home country’s law or UAE law.
• Non-Muslims no longer need a reason for divorce and can file jointly or individually.
• Mediation is no longer required, and joint custody is granted to both parents, with the child having a say at 16 unless waived or disputed by a party.

Disclaimer:

This information is provided for general guidance and should not be considered legal advice. Each situation is unique, and we strongly recommend seeking independent legal advice before choosing a jurisdiction or applying for divorce.

Originally published at https://yungo.ae/understanding-divorce-law-for-european-expats-in-the-uae/