Blogs & Articles

Navigating a divorce is challenging and it can be even more complex if you were married outside the UAE but wish to dissolve your marriage in Dubai. Understanding the legal proceedings in civil court is crucial for a smooth and legally compliant process. This guide outlines the key steps and considerations when filing for divorce in Dubai under such circumstances.

‍

1. Determining Jurisdiction

Does Dubai Have the Legal Right to Handle Your Divorce?

Before starting your divorce process in Dubai, you must confirm whether Dubai courts have jurisdiction over your case. Here’s what determines this:

1. Residency Status

If you OR your spouse resides in the UAE, Dubai courts generally have the authority to process your divorce.

‍

2. Preparing Required Documents

STEP 1: PREPARE YOUR MARRIAGE CERTIFICATE

✓ Ensure you have your original marriage certificate.
✓ It must be in good condition and valid.

STEP 2: HOME COUNTRY ATTESTATION

✓ Take your marriage certificate to your home country’s Ministry of Foreign Affairs (MOFA).
✓ Get it officially stamped and attested.

STEP 3: UAE EMBASSY ATTESTATION

✓ Visit the UAE Embassy in your home country.
✓ Obtain their official attestation.

STEP 4: UAE MOFA ATTESTATION

✓ Once in the UAE, submit the document to the UAE Ministry of ForeignAffairs.
✓ Obtain their official attestation.

STEP 5: LEGAL TRANSLATION

✓ Find a certified legal translator in the UAE.
✓ Have your marriage certificate translated into Arabic.
✓ Ensure the translation is done by an officially recognized service.

STEP 6: FINAL ATTESTATION

✓ Take both the original and translated documents to the UAE Ministry of Justice (MOJ).
✓ Obtain their final attestation.

‍

3. Filing for Divorce

Under Article 7 of FederalDecree-Law No. 41 of 2022, either spouse can request a divorce simply by expressing their desire to end the marriage—without needing to justify the request or prove harm.

Steps to File for Divorce:

• Submit an application through the Dubai Courts’ online portal or physically at the court.
• As per Article 3 of the Decree-Law, divorce cases do not require referral to Family Guidance Committees and proceed directly to court.
• The court will notify the other spouse of the divorce request.

Official Court Notification:

If your spouse is in the UAE, a court representative will deliver the notice to their registered address.

If your spouse is abroad, the court will notify them via:

• Diplomatic channels through the UAE Ministry of Justice.
• International courier services with tracking.
• Registered email (if available).

4. Court Proceedings

Once the case moves to civil court, the process involves:

• Submission of Documents: Both parties present supporting documents, such as marriage certificates and residency details.
• Court Hearings: Multiple hearings may be scheduled, during which each party presents their case. Legal representation is recommended.
• Application of Law: If expatriates request their home country’s laws to apply, they must provide:
  • Certified translations of the laws
  • Proof that these laws are currently valid in their home country
  • .Issuance of Judgment: The court will issue a final decision based on the case's merits and applicable legal principles.

5. Appeal Process

If a party is dissatisfied with the ruling, they can appeal within 30 days of the judgment. The case will then be reviewed by a higher court.

6. Execution of Judgment

Once the divorce is finalized, the execution process ensures compliance with court orders.

Conclusion

While Dubai's new divorce laws have simplified the process for expatriates, each case comes with unique complexities. Our experienced legal team is here to guide you through every step.

Contact us today for a confidential consultation.

‍

‍

‍