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We would like to inform you that Registration of the case by any party in the family guidance section in one of the emirates where the coordination between the parties and scheduling a meeting with the family counselor.
- Interviewing the family counselor is mandatory for divorce proceedings in the UAE. Couples are allowed to express their concerns about marriage in the absence of their legal representative.
- Friendly divorce can be reached at this stage. The parties shall formulate and sign a settlement based on mutual understanding between the parties before the family directive
- If one or both of the parties insists on a divorce, the family counselor submits a referral letter to the application to allow them to appear before the court to conclude the divorce case.
- The letter may be submitted to the Court at any time within three months from the date of issue. Divorce proceedings are conducted at the discretion of the court and each party presents evidence against the other party as well as each party's defense. Non-Muslims and expatriates can apply for divorce either in their own countries or in the UAE.
If the parties wish to apply the divorce law in force in their countries, they must apply to the court. Article 1 of the Personal Status Law No. 28 of 2005 states that the provisions of the law apply to UAE nationals unless non-Muslims have special provisions for their sect and their dependents. The provisions of this law also apply to non-citizens unless one of them adheres to the application of its law.
This means that the parties concerned may request the application of their own laws in matters of personal status.
In cases of divorce where husband and wife of different nationalities apply Article 13 of the UAE Civil Transactions Act 1985:
The law of the country to which the husband belongs at the time of divorce. The article also states that the law of the State to which the husband belongs at the time of marriage applies to the personal effects and effects related to the money arranged by the marriage contract.
If the law applicable in the country of the parties is not part of the divorce procedure, the court shall apply the law of the UAE.
As for divorce procedures:
Article (16) of personal status and before resorting to the court, the case must first be registered by any party in the family guidance section in one of the emirates of the state. Where the parties coordinate and schedule a meeting with the family counselor..
- Interviewing the family counselor is mandatory for divorce proceedings in the UAE. Couples are allowed to express their concerns about marriage in the absence of their legal representative.
- Friendly divorce can be reached at this stage. The parties shall formulate and sign a settlement based on mutual understanding between the parties before the family directive
- If one or both of the parties insists on a divorce, the family counselor submits a referral letter to the application to allow them to appear before the court to conclude the divorce case.
- The letter may be submitted to the Court at any time within three months from the date of issue
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