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First of all, you have to register a case by either party at the Family Guidance Section at the respective judicial department.

A conciliator designed by the court will try to reconcile both of you.

This procedure is a mandatory process. Parties are allowed to raise their concerns pertaining to the marriage in the absence of their respective legal representatives.

An amicable divorce can be concluded at this stage of procedures.

Then parties will need to draft a mutual settlement and sign it before the conciliator.

If it’s a disputed divorce, the conciliator will provide the claimant with a referral letter, permitting to proceed before the court to conclude the divorce case.

It is highly advisable to engage a lawyer at this stage.

The letter can be submitted to court at any time within three months from the date of issue.

Once in court, each party has to provide evidences to support their own claims.

Divorce laws for non-Muslim couples

Non-Muslim expatriate residents can file for divorce in their home country (domicile) or apply for divorce in the UAE.

If the parties wish to have the law of their home country applied, they may petition for this before the court. Article 1 of the Federal Law No 28 of 2005 for Personal Affairs states: The provisions of this Law shall apply on citizens of the United Arab Emirates State unless non-Muslims among them have special provisions applicable to their community or confession. They shall equally apply to non-citizens unless one of them asks for the application of his law.

This means that relevant parties may ask to apply their own laws to personal status matters.

It also provides: The law of the state of which the husband is a national at the time the marriage is contracted shall apply to the effects on personal status and the effects with regards to property resulting from contracting of the marriage.

Whenever the law of the parties' home country fails to cover an aspect of the divorce procedure, the courts hold discretion to apply the UAE law.

The time taken to complete and formalize a divorce will depend if the divorce is amicable or disputed.

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