Probably, it is not well known that the divorce rates are exceptionally high in the UAE and that Dubai is at the first place, within the country, with the highest rate of divorce.
The procedure is quite straightforward; the case is registered at the Moral and Family Guidance Section of Dubai Court, which attempt to reconcile divorcing parties. If both parties are still adamant about divorce, then the case will be forwarded to the Court.
However, divorcing in UAE is different if the procedure involves Muslim couples or expats.
While islamic marriages are governed by Sharia law, non-Muslims and other expats have a choice about the jurisdiction; in fact, they can file for divorce in their home country or apply for divorce in the UAE.
If the divorce takes place in the UAE and the spouses are from the same foreign country, the couple can divorce under their home country’s laws in the UAE.
If expats have different nationalities, the law of the husband would be upheld as per UAE law.
However, the local Courts reserve the rights to discretionally apply UAE law whenever the home country laws do not cover all the aspects of the divorce procedure.
Taking into account that the interests involved during a divorce are complex and the impact of the consequences is massive in different aspects of life, it is desirable to seek for legal advice before choosing jurisdiction.
The legal support, given to the spouses from the beginning, helps them to choose the best solution for the children and financial settlements, avoiding long and stressing battles.