Many married couples view divorce as a last choice when their marriage is no longer working. Some might decide to go forward with it nevertheless since they believe that being married in the first place was a mistake.
Divorce is not particularly encouraged in the UAE since family is valued highly. The UAE government does, however, still allow foreigners who choose to divorce while still living in the country.
Muslim and non-Muslim divorce differ in the UAE.
Divorce in Muslims and non-Muslims vary. Muslim divorce is governed by Sharia law.
How Does the Process of Divorcing an Expat Begin?
Either in their home country or the UAE, expats have the option of divorcing. As was already stated, since they are both citizens of the same nation, that nation's laws are applicable to them. If they are not citizens of the same nation, the UAE will uphold the laws of the nation where the husband is a citizen. The UAE law will have to be implemented if that particular legislation does not cover all the necessary ground.
Most people think that going through the divorce process in court in the UAE would take a lengthy time. However, a lot of foreigners like doing so because it is quicker and less expensive than going back to their native countries.
What Constitutes the Basis for Divorce?
There may be a long number of factors that support divorce. The following explanations are possible:
- Adultery
- Violent abuse
- Torture in the mind Desertion
Any of these can be utilised by an individual to obtain a divorce from their spouse in the UAE. If you need help, call a UAE immigration lawyer right away.
Evaluations in Divorce
There are, however, some situations in which a party would like to proceed with the divorce that their spouse has filed. When one party does not concur, the grounds for divorce must then be proven.
They can view the prerequisites and legal justifications for filing for divorce under the specified legal system.
There must be supporting documentation, such as medical records or eyewitnesses, when physical violence is cited as a reason for divorce. They should produce two male witnesses who saw them being beaten or mistreated if there isn't a medical report.
How long does the typical divorce process last?
A divorce can often take at least three months to be finalised. The divorce can be postponed for at least three months if the parties can come to an amicable arrangement on the children and cash. Otherwise, it can take a year or longer. Numerous family lawyers in Dubai and child custody attorneys are available to assist you.
Is leaving with children prohibited?
Child abduction occurs when a parent takes their kids and leaves the house without getting their spouse's consent. The spouse who remains in the household may approach the court to issue a court order compelling the return of their kid. If a partner is threatening to leave with their children, a spouse may also request that a travel ban be placed on that person.
According to a UAE immigration lawyer, a wife would have a harder time getting a travel prohibition lifted than the other way around. A parent may request a travel ban for a kid as well.
When it comes to child custody, judges often let the parents talk it over and come to their own accord. If this doesn't work, the court will make the decision. Typically, one parent has custody and the other has visiting privileges. When there are serious considerations that might lead the judge to make this decision, visitation privileges can be withheld to one parent. A child's desire or requests on which parent they want to remain with can, however, be taken into consideration if they are an adult.
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