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Please kindly note that UAE law has granted immigrants and non-Muslims the right to submit a request for divorce either in their country of origin or a request to apply their original law in the UAE.

The case must first be registered by any party in the family guidance section of one of the emirates. Where coordination is between the parties and an appointment is made to meet the family counselor.

A family counselor's interview is mandatory to complete the divorce procedures in the UAE. The spouses are allowed to express their concerns regarding marriage in the absence of their legal representative.

A friendly divorce can be reached at this point. The parties formulate a settlement based on mutual understanding between the parties and sign it before the family counselor.

If one or both parties insist on divorce, the family counselor will submit a referral letter of the request, to allow them to appear in court to conclude the divorce case.

The letter can be submitted to the court at any time within three months of its issuance. Divorce procedures are carried out at the discretion of the court, and each party provides the evidence it has against the other, in addition to each side's defense of itself.

What they have to do is to file an application with the court in the first session.

Article 1 of the Personal Status Law No. 28 of 2005 states:

The provisions of the law apply to citizens of the United Arab Emirates unless non-Muslims among them have provisions specific to their sect and religion, and its provisions also apply to non-citizens unless one of them adheres to the application of his law.

In divorce cases where the husband and wife are of different nationalities, the provisions of Article 13 of the Civil Transactions Law of the United Arab Emirates 1985, which states:

The law of the country to which the husband belongs is applicable at the time of divorce

Also, if a law applied in the country of the parties is not able to obtain part of the divorce process, the court will apply the law of the United Arab Emirates.

As for the issue of child custody and the right to housing as residents of the state,

According to Federal Law No. (28) of 2005 on personal status, the mother is the guardian and the father is the guardian.

The nursery includes the daily care of the child, which is usually granted to the mother in a way that does not conflict with the right of guardianship granted to the father.

In all cases, the father is responsible for providing the child financially.

He is responsible for providing housing, food expenses, medical care, education and other essentials.

Custody and guardianship are two separate issues that are dealt with individually as the division of child responsibilities is not equal between parents in the Emirates.

The court places the best interests of the child in the first place, and the mother has to take custody of her children when the custody dispute is over, unless the judge decides otherwise in the interest of the custody.

According to Article 156 Federal Law No. (28) for the year 2005 AD regarding personal status, the custody period for women ends with the arrival of the male eleven years and the female thirteen years, unless the court considers that it be extended in the interest of the children until the male reaches, or the female marries. The father then requests custody.

In the event that the intended question is otherwise, you can kindly ask us in detail and we will respond to it in the shortest time frame.

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