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.
4. How to get a divorce in the UAE for Indians?
The divorce procedure in the UAE for Indians can be a simple process as well as a complicated one, everything will depend on the spouses. Next, you will see the different steps for the procedure and the different situations that Indians can happen during divorce in the UAE for Indians.
4.1 First step, get a divorce lawyer
Before starting this process, they need a legal advice in the UAE and thus have access to one of the divorce lawyers in Dubai. Importantly, choose the best divorce attorney. Consequently, they will be able to have better legal advice and make their divorce procedure in the UAE for Indian easier and faster.
4.2 Second step, register the divorce in the Family Guidance Section
Once they have all the documents mentioned in the previous section, they must go to the Family Guidance Section. Now, they must present their case together with their marriage lawyer, who will fill out the application and deliver all their documents. Then, the Family Guidance Section will proceed to attest everything that you submitted and will contact you, either by phone or email. This is done to give them their first meeting with the family counselor.
4.3 Third step, meeting with the family counselor
In this meeting, the family counselor will have only one purpose, to try to reconcile with you. The family counselor will serve as a mediator between you; will listen to both complaints and will try to avoid the divorce. Importantly, you must attend this meeting without your marriage lawyers. Now, if during this meeting, they show that they do not want reconciliation, they will give them another appointment.
4.4 Fourth step, final meeting
As the reconciliation in the first meeting did not work, the divorce in UAE for Indians is going to start. For this meeting, you can each bring your legal representative from legal services because is use the purpose of this is to agree on the terms of the divorce. For instance, division of assets. If both agree, this process ends here.
However, if one or both parties do not want to divorce or do not agree to the terms; The family counselor will proceed to deliver a letter that will be valid for 90 days and thus request the contested divorce.
5. How long does it take to get a divorce?
This is a very common question when it comes to divorce. Now, the answer may vary depending on various factors. For instance, if one of the spouses does not want to divorce or does not agree with the established terms. In addition, it is important to clarify that they require a valid cause for divorce to expedite and obtain a divorce.
Generally, divorce in UAE for Indians can last approximately between three and six months. However, if there is any inconvenience between the spouses, this process can take years. This is because going to court and there may be other consequences, for instance, a civil lawsuit. But since you and your husband agree to the divorce, this will not take long.
6. What is the cost of going through a divorce procedure in the UAE for Indians?
This question is very important to be asked; because whenever a legal process is required, it involves a cost. In this case, you have to bear the costs of marriage lawyers in Dubai and various fees. In addition, you also have to pay the costs for translations to the original Arabic, which are usually AED 50 per page.
Now, the cost of the fees will vary depending on the divorce that takes place. As has been mentioned, it can be challenged or by mutual agreement. If it is contested, it is more expensive, it can cost AED 50,000 and even more; everything will depend on the time it takes. On the other hand, if it is divorce like the one you are looking for, by mutual agreement it is cheaper. The price can range from AED 8,000 to AED 25,000.
7. How Connect Legal can assist Indian couples who are looking for divorce?
When you ask yourself the question of how to file a divorce in Dubai, the first thing you should do is contact Connect Legal. This is because we offer you all the tools you need to be able to carry out your divorce process quickly and easily. Next, we will let you know what we can offer you and thus you realize that we are the best at what we do.
7.1 Legal advice
When deciding to go through a divorce or any legal procedure, certain doubts usually arise. Especially, when it is not your country of origin. As a result, at Connect Legal, we offer you the best legal advice 24 hours a day and free of charge. If you need help, we can assist you in the following fields:
- Family law.
- Accident law.
- Immigration law.
- Energy.
- Labour Law.
- Banking and finance.
- Projects and construction.
- Commercial property.
- General civil law.
- Corporate commercial law.
- Islamic finance.
- Criminal.
7.2 The bests marriage lawyers in Dubai
The most important step in any legal procedure is to have a good lawyer. You should know that this can make the difference between an easy divorce and a complicated one. That is why we provide you with the best marriage lawyers in Dubai. A good lawyer possesses integrity, willingness to work and other characteristics. In our lawyers, you can have all that and more.
As you can see, if you want to carry out a divorce smoothly and quickly, you have to enter Connect Legal. There you will have access to the best divorce lawyers or any kind of lawyer in the UAE, and the most appropriate and easy legal advice. To contact us, you can call us through the following number +971 433 16 688 or via email at [email protected].
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