Divorce Procedure By Mutual Consent

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Divorce Procedure By Mutual Consent

• HHS Lawyers and Legal Consultant

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Divorce by Mutual Consent

• The process for divorce is governed by UAE law or
  by the laws of the individuals home country. If
  the parties belong to different countries, the
  law applicable is the one from where the marriage
  was first solemnized. Divorce by mutual consent
  in Dubai is very straight forward and a quick
  process were both the parties amicably agree to
  part their ways without involving in any
  disagreement.

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A couple may a divorce by mutual consent in
Personal Status Courts located in any Emirate.
The process to file a divorce by mutual consent
includes

• Filing a Case - Both the couple contesting for
  divorce may first file a case in the courts and
  also submit valid reason for seeking divorce in
  UAE.
• Attending Counselling Session - Once the divorce
  has been filed by either party the matter is then
  filled by reconciliation to ascertain if an
  amicable settlement can be reached. If a
  reconciliation or settlement is reached, it will
  be noted in a report, which is signed by the
  officer, the parties and a judge. If a settlement
  is not reached the officer will give the
  applicant written permission to pursue their case
  through the courts if a settlement. The applicant
  will then further proceed to court with the
  divorce proceedings.
• Approval of Divorce After the Agreement between
  Parties -  If after the conciliation session it
  is found that both the parties to the divorce
  agree with the terms of reconciliation, they can
  proceed whither further procedures.

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• Couple to be Presented in the Court - A date has
  to be fixed of presented to the court for further
  procedures. both the couples have to attend the
  proceeding of divorce.
• Issue of Divorce  If both the parties agreed to
  the judgment given by the court then the court
  will issue the divorce after considering all the
  reasons to be valid for seeking divorce.
• Attestation of Divorce Certificate  Once
  received the divorce certificate it is very
  important to get it attested to make it valid in
  the country were the divorce is granted.
• Time Required
• Mutual consent divorce in UAE can be secured as
  quick as one month from any Personal Status
  Courts located in all seven emirates.
• Validity of Divorce by Mutual Consent in Other
  Countries.
• Validity of divorce by mutual consent under
  Personal Status law is valid in any foreign
  country.
• In some countries, the decisions of the foreign
  country can be valid if they were followed by the
  due procedures of law. So, a divorce granted by
  the court in UAE can be legally binding if it was
  obtained by following the proper procedures in
  the UAE.

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Financial Outcome on Divorce for Expats

• Financial outcome may vary depending upon the
  were the divorce is initiated. The court may give
  consideration to the division of capital and
  pensions and sharing of future income. For
  example, under UAE law each party simple retains
  the assets and the property held in their names.
• Where the assets are valuable and located in
  multiple jurisdictions then seek advice from an
  experienced lawyer to decide the division of such
  assets.
• Wife may also claim damages in case she has been
  subjected to any mental damages as a result of
  the divorce.

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Non Validity Divorce

• if he divorces is a case for contested divorce,
  non-Muslims are advised only to apply on the laws
  under which they are married while applying for
  the divorce. When non-Muslim are not intending to
  apply laws under which they are married, such
  divorces granted by foreign courts may not be
  valid in India. The parties seeking to get
  married should to be present or should be
  represented by a legal counsel. Anyone of the
  people regarding divorce is absent and does not
  agree to accept the jurisdiction of the UAE
  Personal Status Court, the divorce granted by UAE
  Personal Status Court will be ex parted judgment.
  Such divorce is valid in the UAE, however, ex
  parted divorce judgments granted by foreign
  courts may be challenged in India.

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Laws for Muslim Couples

• Islamic marriages are governed by the Sharia law.
  If both the couples belong to Muslim religion and
  residents in the UAE, Sharia/UAE law is applied
  to their divorce. The same is also the case where
  one of the couples is a Muslim and the other a
  non-Muslim.

Laws for Muslim Couples

• Expatriate can file a divorce in the UAE, the
  parties may apply the laws of the home country
  applied, they may petition for this before the
  court. The relevant parties may ask to apply
  their own laws to personal status matters.

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