Divorce Procedure By

Mutual Consent
HHS Lawyers and Legal Consultant
Divorce by Mutual Consent

The process for divorce is governed by UAE law or by the laws of the individuals’
home country. If the parties belong to different countries, the law applicable is
the one from where the marriage was first solemnized. Divorce by mutual
consent in Dubai is very straight forward and a quick process were both the
parties amicably agree to part their ways without involving in any disagreement.
A couple may a divorce by mutual consent in Personal Status Courts located in
any Emirate. The process to file a divorce by mutual consent includes:

 Filing a Case - Both the couple contesting for divorce may first file a case in the
courts and also submit valid reason for seeking divorce in UAE.

 Attending Counselling Session - Once the divorce has been filed by either party
the matter is then filled by reconciliation to ascertain if an amicable settlement
can be reached. If a reconciliation or settlement is reached, it will be noted in a
report, which is signed by the officer, the parties and a judge. If a settlement is
not reached the officer will give the applicant written permission to pursue their
case through the courts if a settlement. The applicant will then further proceed to
court with the divorce proceedings.

 Approval of Divorce After the Agreement between Parties - If after the

conciliation session it is found that both the parties to the divorce agree with the
terms of reconciliation, they can proceed whither further procedures.
 Couple to be Presented in the Court - A date has to be fixed of presented to the court for
further procedures. both the couples have to attend the proceeding of divorce.
 Issue of Divorce – If both the parties agreed to the judgment given by the court then the
court will issue the divorce after considering all the reasons to be valid for seeking divorce.
 Attestation of Divorce Certificate – Once received the divorce certificate it is very important
to get it attested to make it valid in the country were the divorce is granted.

Time Required
Mutual consent divorce in UAE can be secured as quick as one month from any Personal Status
Courts located in all seven emirates.

Validity of Divorce by Mutual Consent in Other Countries.

Validity of divorce by mutual consent under Personal Status law is valid in any foreign country.
In some countries, the decisions of the foreign country can be valid if they were followed by the
due procedures of law. So, a divorce granted by the court in UAE can be legally binding if it was
obtained by following the proper procedures in the UAE.
Financial Outcome on Divorce for Expats
 Financial outcome may vary depending upon the were the divorce is initiated.
The court may give consideration to the division of capital and pensions and
sharing of future income. For example, under UAE law each party simple
retains the assets and the property held in their names.
 Where the assets are valuable and located in multiple jurisdictions then seek
advice from an experienced lawyer to decide the division of such assets.
 Wife may also claim damages in case she has been subjected to any mental
damages as a result of the divorce.
Non Validity Divorce.

if he divorces is a case for contested divorce, non-Muslims are advised only to

apply on the laws under which they are married while applying for the divorce.
When non-Muslim are not intending to apply laws under which they are married,
such divorces granted by foreign courts may not be valid in India. The parties
seeking to get married should to be present or should be represented by a legal
counsel. Anyone of the people regarding divorce is absent and does not agree to
accept the jurisdiction of the UAE Personal Status Court, the divorce granted by
UAE Personal Status Court will be ex parted judgment. Such divorce is valid in
the UAE, however, ex parted divorce judgments granted by foreign courts may be
challenged in India.
Laws for Muslim Couples

 Islamic marriages are governed by the Sharia law. If both the couples belong
to Muslim religion and residents in the UAE, Sharia/UAE law is applied to their
divorce. The same is also the case where one of the couples is a Muslim and
the other a non-Muslim.

Laws for Muslim Couples

 Expatriate can file a divorce in the UAE, the parties may apply the laws of the
home country applied, they may petition for this before the court. The relevant
parties may ask to apply their own laws to personal status matters.
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