Divorce Settlement in Dubai UAE

In terms of financial gains, there are no laws with respect to a divorce settlement. The property assets will remain in the name of their respective owners and co-owned property will be dealt with under general civil laws.

The finances and maintenance of spouses under UAE laws cannot be claimed by the husband to his wife even when he holds custody of the children but a wife may do so even if she has wealth.

Finance, Property & Assets For The Husband & Wife

An application has to be made to evaluate the financial position of a couple that is planning separation. If the parties are Muslim and are married to enforce it an application has to be made by the receiving party and not the giving party which can either be husband or wife who is going to divorce cannot enforce a settlement.

Any party can apply to the court for sale of their jointly owned property or for someone else to buy out shares. The basic assumption is that both parties made equal payments in property purchase but if one party made a higher investment then capital share will be large. However, UAE courts have jurisdiction over property owned within UAE and not abroad otherwise jointly owned bank accounts and some other assets will be dealt the same.

The claims that can be made by the wife are as follows,

1- The first claim can be made for not supporting her during the last year.
2- The Second claim can be made for supporting her during the waiting period called “Nafket Eda”.
3- To cover moral damage of the wife after being divorced by her husband against her will a claim can be made by her covering 25% to 40% of husbands salary or income called “Nafket Motaa”.

As per child maintenance rules for a divorce in UAE implies that either a claim for a legal guardian’s allowance be made depending on the husband’s income or the standard of living for a child would be equal to what he already had which includes schooling, medical, rent and other expenses.

After Effects of Divorce in UAE – Hire Divorce Lawyer in Dubai

There is no escape from the after effects of a divorce in UAE. The rules and laws for divorce in your home country can apply here in the UAE according to Article 1 of ‘UAE Personal Status Law’ (commonly known as ‘Shariah Law’).

As an expat you may be unclear of many areas of the law, particularly in relation to divorce and court proceeding in the UAE. There may also be complications relating to claiming legal rights for the husband, the wife and the children.

As a Muslim man you can divorce your wife by saying ‘I divorce you’ three times and you will be separated according to the UAE law. However, women cannot do the same. There are provisions to allow a Muslim woman to divorce her husband for incidences such as domestic violence or inability or failure to provide financial support. Another method for a woman to divorce from her husband is Khula. It should be remembered however that if following this path, she will lose the dowry (the money to be paid by her husband for releasing her from the marriage).

How to file for divorce proceedings? This will depend on the specific details of the case. If, for example, a woman is earning money to support the family and has family assets in her name, Dubai court could be the most beneficial place to file if the intention is not to pay money to her husband. This path would also help in ensuring she retains custody of the children and she keep all her assets in her name.

UK courts can be more beneficial if a husband was earning to support the family, you have joint assets and if you need to consider pension earnings now or in the future.

In reality, there isn’t one solution that applies to all cases and it is imperative that you seek professional guidance that is tailored for your specific circumstances.