Steps to divorce in the United Arab Emirates, if you are married in India
Divorce Procedure in Dubai UAE for Indians expats married in India
In the UAE, there are people from many countries around the world, including India. If you come from India and got married in that nation, but due to circumstances you want to divorce; there are certain things you should keep in mind. In other words, you must know the divorce procedure in UAE for Indians.
In this article, you will be given all the information you need to know about divorce in UAE for Indian ex-pats. The first thing will be to describe all the possible situations that exist with divorces and the procedures to follow in detail. In turn, you will see all the documents you need and how we can help you during this process.
- Should religion be taken into account when filing for divorce?
- What are the laws that intervene for Indians in the UAE?
- What are the necessary documents?
- How to get a divorce in the UAE for Indians?
- How long does it take to get a divorce?
- What is the cost of going through a divorce procedure in the UAE for Indians?
- How Connect Legal can assist Indian couples who are looking for divorce?
1. Should religion be taken into account when filing for divorce?
Q- I got married in India to my current partner. Subsequently, my husband and I moved to Dubai, which is where we work and live, and we have no children. After some time, we parted ways and we want to formalize the divorce here. Can you support us throughout the process?
Answer
It is important to know that the religion to which the couple belongs can influence when requesting a divorce. When they are Christian, Parsis, or Jewish, they must present the legalized translation of the Divorce Law of India of 1869. Therefore, being a follower of one of these religions establishes a different process to follow in certain aspects.
If the couple married interreligious, or without any type of religious ritual. The divorce process must be started in a different way than the one mentioned above. The legalized translation of India’s Special Marriage Act 1954 must be submitted.
When one of the parties is foreign or married at the Indian embassy or consulate abroad. Also, they must follow a procedure that differs from the two that have already been mentioned. In this case, you have to present the legalized translation of the Foreign Marriage Act 1969 of India.
For Muslim couples, Sharia Law can be applied, because it has uniform provisions worldwide. However, they may notify the Personal Status Court of local customs relating to marriage. It should be noted that divorce by mutual consent in the UAE is valid in India.
2. What are the laws that intervene for Indians in the UAE?
In the UAE you can get a divorce under Sharia Law if you are a Muslim foreigner. If you are not a Muslim, you can apply the provisions presented in Federal Law number 28. This Law is known as the Personal Status Law and allows you to apply the personal laws of your country of origin.
Article 1 of the Personal Status Law of the UAE establishes the aforementioned. In this way, if you belong to India, you can request a divorce under the laws of your country. It should be noted that, for this to be established, one of the parties must request its application. Failure to make this request and proceed with the UAE Laws may have consequences.
If non-Muslim couples do not apply the laws that govern their marriage, divorce may not be accepted. In the case of India, divorces by foreign courts may not be valid in the country. In addition to this, the couple must be present or, if necessary, be represented by their lawyers.
If a party is absent and does not accept the jurisdiction of the UAE Personal Status Court. This divorce will be a default judgment, which is valid within the territory of the UAE. However, absentee divorce decrees that were decreed by foreign courts can be challenged in India.
3. What are the necessary documents?
Knowing the laws involved in the process, we can begin. The most important thing at this time is to have all the papers they request. Once you have them, your husband or you can go to the Family Guidance Section of the Personal Status Court in Dubai. The documents they need are:
- Original of the passports, or resident identity cards of the UAE.
- Photocopy copies of the passport, visa pages, and UAE resident identity card.
- Original and copy of the marriage certificate, notarized and certified by the Indian Ministry of Foreign Affairs, the UAE Embassy in India, and the UAE Ministry of Foreign Affairs & International Cooperation.
- Original Arabic translation of the marriage certificate, authenticated by a legal translator in the UAE and the Ministry of Justice in the UAE.