Divorce laws and proceedings in Dubai and the United Arab Emirates (UAE) allow women to file for divorce from their husbands. However, there are some important considerations and requirements that a woman must meet in order to successfully divorce her husband in Dubai.
Grounds for Divorce in Dubai
Under UAE law, divorce is permissible if any of the following grounds are met:
- Mutual consent – Both husband and wife agree to divorce.
- Unilateral divorce – Either spouse seeks divorce without consent of the other.
- Harm or injury – Either spouse has suffered physical or moral harm from the other.
- Husband’s failure to provide maintenance – The husband has failed to maintain his wife financially.
- Husband’s absence – The husband has abandoned the wife for a prolonged period.
- Husband’s imprisonment – The husband receives a prison sentence of over 3 years.
- Husband’s refusal to cohabit – The husband abandons his wife sexually.
- Insanity/mental disorder – Either spouse is mentally ill for over 3 years.
- Wife’s termination of marriage – The wife independently ends marriage before consummation.
- Non-payment of dowry – The husband fails to pay an agreed upon dowry.
A woman seeking divorce only needs to prove one of these grounds to justify ending the marriage. The most common grounds used by women are unilateral divorce, lack of spousal maintenance, absence of husband, and husband’s imprisonment.
Requirements for Women Filing for Divorce
In order for a woman to successfully file for and obtain a divorce in Dubai, she must meet the following requirements:
- Provide a valid marriage certificate registered in the UAE.
- Provide valid identification and passport.
- Cover all legal costs and fees associated with the divorce case.
- Attend all court-mandated counseling or arbitration sessions.
- Agree to any conditions or provisions ordered by the court regarding child custody, visitation, or spousal/child support.
Additionally, while men can unilaterally divorce their wives simply by voicing “talaq” under Sharia law, women must go through proper court channels and get approval for divorce. Women also face higher burdens of proof than men in demonstrating valid grounds for divorce.
Divorce Process for Women in Dubai Courts
The typical process for a woman filing for divorce in Dubai is:
- Consult with a family lawyer – The woman meets with a lawyer to discuss her case and options.
- File a case – The lawyer files a divorce case with the Dubai courts on the woman’s behalf.
- Notification of husband – The husband is formally notified and given a chance to contest.
- Attempt reconciliation – The court will first try to reconcile the couple through arbitration.
- Collect evidence – If arbitration fails, the woman must provide evidence for her grounds of divorce.
- Court’s ruling – The court will rule on whether divorce is granted based on the evidence.
- Finalize divorce – If approved, legal divorce procedures are completed.
- Appeals – Either spouse can appeal the court’s ruling within specific time limits.
The entire process can take anywhere from 3 to 12 months to complete based on both spouses’ willingness to reconcile, agree to settlement terms, and complexity of proving valid divorce grounds.
Divorce Settlements and Conditions
As part of granting a divorce, Dubai courts will impose certain orders and conditions that a woman must abide by. These commonly include:
- Child custody – Children under age 11 are often awarded to the mother. Older children may choose which parent to live with.
- Visitation rights – The father is entitled to visitation rights to see children under the mother’s custody.
- Alimony/maintenance – The woman may be entitled to financial support from her ex-husband for herself and the children.
- Dowry – The woman must return any unpaid dowry to the husband but can keep the full mahr amount.
- Property division – Assets acquired during marriage are divided between spouses.
Women should be prepared to negotiate and potentially litigate issues such as child custody, alimony, and division of assets as part of the divorce proceedings.
Legal Costs of Divorce for Women
The costs for a woman going through divorce in Dubai can include:
- Lawyer fees – Average range of 20,000-30,000 AED for an uncontested case; higher if contested.
- Court fees – Around 3,000-5,000 AED.
- Documentation fees – 1,000-3,000 AED for processing paperwork, translations, etc.
- Expert fees – If needed, 1,500-5,000 AED for social workers, financial assessors.
Overall, a woman can expect to pay 30,000-50,000 AED on average to complete a divorce in Dubai. Complex or contested cases cost significantly more in legal costs.
Role of UAE Courts and Judges
UAE courts and judges overseeing divorce cases serve several key functions:
- Reviewing evidence for grounds of divorce.
- Making rulings on granting divorces.
- Overseeing the reconciliation and arbitration process.
- Issuing orders on child custody, alimony, assets, etc.
- Enforcing adherence to Sharia principles.
- Approving divorce certificates upon completion.
Judges hold significant authority but also face scrutiny to ensure divorces are compliant with UAE law and social norms. Bribery of judges is strictly forbidden under penalties of law.
Divorce Process and Requirements for Foreign Women
The process is mostly similar for foreign women seeking divorce in Dubai, however some additional requirements exist:
- The marriage must have been registered in the UAE.
- The foreign woman must have been a resident at the time of marriage.
- The foreign woman needs a valid UAE residency visa sponsored by her husband.
- If the woman leaves the UAE, she must appoint a legal representative.
- The foreign woman must follow all orders even if residing abroad.
Foreign women cannot finalize a divorce abroad or in their home country – they must pursue divorce through Dubai’s courts. The foreign woman must also return to Dubai for any required court hearings and proceedings.
Social and Custody Implications of Divorce for Women
In addition to the legal process, social and custodial factors women must consider in a Dubai divorce include:
- Women often lose custody once boys are 12 and girls are 13.
- Divorced mothers in Dubai face social stigma and reduced marital prospects.
- Following a divorce, women may need to live with family due to reduced financial means.
- Women must abide by negotiated child visitation schedules or risk losing custody.
- Mothers are expected to provide detailed care plans when seeking child custody.
In Dubai’s socially conservative environment, divorced women can face heavy social pressures around child rearing, finances, and social status post-divorce.
Child Custody Laws Specific to Divorce Cases
Child custody laws that specifically apply in divorce cases in Dubai include:
- Children remain in mother’s care until age 11 for boys and 13 for girls.
- Older children may choose which parent to live with.
- Fathers have right to regular visitation as negotiated with the mother.
- Mothers must demonstrate ability to provide for children financially.
- Changes to custody agreements require court approval.
- If a divorced mother remarries, the father has first right to child custody.
Mothers involved in a divorce should seek legal counsel to understand and negotiate child custody arrangements. Noncompliance with court orders can result in loss of custody rights.
Rights of Divorced Women in Dubai and UAE
Despite social attitudes, divorced women in Dubai do have various legal rights including:
- The right to keep full custody of young children.
- The right to negotiate visitation schedules and conditions.
- The right to claim spousal and child financial support.
- The right to remain in the marital home temporarily until resolved.
- The right to own property independently.
- The right to equitable division of marital assets.
- The right to keep personal property and belongings.
- The right to travel freely without husband’s consent.
However, women should consult experienced divorce lawyers to protect and enforce these rights successfully.
Conclusion
While Dubai’s divorce laws allow women to initiate divorce, social views on divorced women and complex custody issues can pose challenges. With proper legal guidance and preparation, women can navigate the process successfully. However, women should develop a strong understanding of the requirements, costs, and social implications prior to filing for divorce in Dubai.