UAE Law and Practice Contributed by: Hassan Elhais, Awatif Mohammad Shoqi Advocates & Legal Consultancy
Guidance receives the application and assigns a counsellor to the case. The role of the coun - sellor is that of an independent mediator – to try to resolve the disputes and issues raised by the parties. When the parties wish to enter into a mutual divorce, the Family Guidance depart - ment confirms the consent of both the parties and facilitate the steps for signing the terms of the settlement agreement, which finalises the divorce. If any party does not agree to enter into a mutual divorce, then they may request that the Family Guidance department provide them with a refer - ral letter in order to approach the family court. In accordance with new Federal Decree-Law No 41 of 2024 (applicable from 16 April 2025 for Muslims), the case must be submitted to the court, which will then decide if it needs to be submitted to Family Guidance. Expatriates and citizens subject to Federal Decree-Law No 41 of 2022 (applicable for non- Muslims in all Emirates except Abu Dhabi) and Abu Dhabi Law No 14 of 2021 (applicable for non-Muslims in Abu Dhabi) have the option to file for divorce by unilateral decision. A no-fault divorce could be granted to either party at the first court hearing without having to give any rea - son for the divorce. Rules for Service of Divorce Proceedings There are no specific procedural rules, particu - larly for the service of divorce proceedings in the UAE. The rules governing civil procedures in the UAE are also applicable for divorce proceedings. These rules are codified under Federal Decree- Law No 42/2022 on the Promulgation of Civil Procedure Law. At the time of registration of the lawsuit, the applicant has to provide the contact
details of the opposing party. Once the lawsuit is registered, the court notifies the respondent. Service is carried out by the court via email, SMS, phone, or delivery by a court clerk. If the respondent is unavailable, and in exceptional scenarios, the court may authorise adver - tisement in the newspaper or posting on the respondent’s door. Treatment of Religious Marriages and Divorces Muslims in the UAE may marry before a mar - riage officer of the Sharia courts in the relevant emirate. Non-Muslims in the UAE may marry in accordance with their rituals and request their embassy to certify their marriage document. They may also choose to marry under Federal Civil Personal Status Law and Abu Dhabi Civil Personal Status Law. If the marriage was con - cluded outside the UAE, it should be certified by the UAE embassy in the country where the marriage took place. The applicable law and the competent courts to decide on divorce and related matters will be based on various factors, including the resi - dence of the parties, the place of marriage, the religion of the parties, and the nationality of the parties. Other Processes (Annulment, Judicial Separation) The UAE does not have any concept of judicial separation. Either party may file a case before the compe - tent family court (without going to the Family Guidance department) to request that the court annul the marriage. The court may enquire into various matters before issuing a decision on the validity of the marriage – eg, whether the mar -
334 CHAMBERS.COM
Powered by FlippingBook