What UAE expats should know when thinking of divorce

The first thing that comes to mind is whether the UAE law or the law of the expat will be applied in these cases and you must have heard many conflicting stories and versions to it.

?If the parties wish to have the law of their home country applied, they may petition for this before the court.

?This is permissible under Article 1 of Federal Law No. 28 of 2005 (Regarding Personal Status)?.

?The article states that this law shall govern the citizens of the United Arab Emirates State unless the non-Muslims of them have special regulations relating to their sect and religion.

?Also, its regulations shall govern non-citizens unless one of them shall hold to the application of his law.

?This means that the law allows relevant parties to apply their own laws to Personal status matters. In divorce cases whereby both parties are from the same country, this poses no problems?.

If the husband and wife have different nationalities, then the situation may become slightly complex.

?When the husband originates from one country and the wife from another, Article 13 of the UAE Civil Code (1985) applies, demanding the law of the husband to be upheld?.

This is what Article 13 says: ?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.?

It is important to note, 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.

 

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