Expat couples in the UAE do face complicated family relationships. People coming from different parts of the world and filing for overseas divorce in the UAE can be an overwhelming task.
The Laws for Overseas Divorce Cases in the UAE:
It is the Court’s discretion to determine the jurisdiction. Mostly, there are certain factors that impact the choice of jurisdiction. Some of them are as follows:
- Residency
- Nationality
- Place of marriage
If the spouse lives in the UAE, the local courts have the power to initiate the divorce proceedings. There is a large population of expatriates working and residing in the UAE.
The jurisdiction is not solely dependent upon the nationality. They consider other crucial factors. The courts will account for whether another country has already issued a ruling or not.
Choice of Law in Filing for Cross-Border Divorce in the UAE
- In the UAE, there is flexibility that expat couples can request the application of foreign law. However, this is only possible if both spouses are non-Muslims.
- The UAE court permits foreign law that does not contradict the UAE family laws. In addition, the judges have the authority to allow foreign law application in the UAE.
- As a result, the foreign laws are widely used in different parts of the country. However, there is a legal complication involved in the process.
- Expert testimony is required for legal interpretation. This requires the need for translation and expert explanation of foreign laws. Translations are also inevitable, and accordingly, the court will examine the accuracy and legality.
Filing for divorce with a foreign marriage certificate
Over the recent years, the UAE has adopted a secular approach. They have incorporated the laws to facilitate the expatriate population in the UAE.
The prime aim is to promote inclusivity and tolerance in society. New laws and updates are introduced that facilitate expat couples. Nevertheless, the couples who married abroad can file for divorce in the UAE by submitting an attested marriage certificate.
The certificates should be translated into the Arabic language. The authenticity and translations is needed to prevent fraud. Verification will allow for a swift process without any delays or disruption.
Translation and Attestation:
The court will require the following documents to initiate a divorce of expat couple in the UAE. It includes the translation of the marriage certification, contracts, supporting documents, and the children’s records.
All aspects of child custody and financial matters are carefully reviewed by them. Certification involved the embassy in the process. This will mainly depend on the origin of the country.
Translation and attestation of marriage certificates and supporting documents are required. This makes documents valid and legal, as such documents carry legal weight.
Recognition and Enforcement:
Foreign divorce judgments are recognized if they comply with public policy and legal procedure. The UAE courts will first examine and analyze the legal representation and notices to establish the recognition. Besides, the judgment should be in line with the UAE family law. Any contradiction shall not be entertained. The recognition will permit enforcement. As a result, it will enforce the following:
- Financial orders,
- Custody rights,
- Property division
It is up to the UAE courts to either accept or refuse the recognition. If a ruling violates the public morals, religious principles, or contradicts procedural standards, it shall be refused on valid and legal grounds.
Child Custody in Cross-Border Divorce:
A custody judgment mainly depends on the best interest of the child. Child welfare and betterment are given utmost importance rather than parental preference.
Judges of UAE courts will account for the specific factors to determine the custody. Some of the key considerations are:
- Residence
- Stability
- Education
- Financial requirements
- Emotional needs
Visitation and Travel Permissions
The decision about visitation rights and travel permission is subject to courts discretion. They will examine every aspect and give the plans accordingly. The communication may involve:
- Physical meet up
- Virtual communication
- Scheduled traveling
Financial Support in Cross-border Divorce:
- Income
- Lifestyle
- Quality of life
- Children’s needs
UAE courts will enforce the financial obligations within and outside the UAE. In the Emirates, enforcement is strict, and non-payment may invite sanctions and penal action. There are several challenges involved in international enforcement.
The foreign orders will require registration in the UAE before their enforcement. Therefore, the court must make sure the orders comply with legal laws and standards.
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Role of Mediation
UAE courts always encourage mediation and settlement over litigation. This is to reduce the costs, stress, and maintain healthy relationships. Mediation is widely used in matters such as:
- Divorce
- Custody
- Financial
- Alimony
- Relocation issues
Normally, all the settlements are recorded so that courts can give enforcement orders. However, the cross-border disputes involve a high degree of unpredictability. Negotiations are often more effective than lawsuits. It supports early resolution of familial problems.
