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For many people, a divorce is the last resort when facing a failed - or even abusive - marriage. But many expats remain unaware of how divorce proceedings work in the UAE, with questions ranging from what courts have jurisdiction, to what constitutes appropriate grounds for divorce and perhaps most importantly, how child custody is determined.
Ashish Mehta, founder and managing partner of the Dubai-based Ashish Mehta & Associates, said that expats in the UAE have a choice when it comes to what laws and regulations will govern their divorce.
"Expats who were married outside and are currently residents of the UAE have a choice, in which they can choose the jurisdiction of the UAE, or go to their home country," he explained. "Should they choose jurisdiction here, they have two choices. If they are non-Muslim, they can have divorces filed and completed under their own religious personal laws, or they may choose the UAE's civil procedures."
In the case of Muslim expats, Mehta added, Sharia law is applicable. Non-Muslims, however, can apply their own religious laws, provided they provide the court with a notarised, legalised version of their country's laws, translated in the UAE by an approved translator and approved by the Ministry of Justice.
Contrary to popular belief, Mehta noted that many expats prefer to go through the UAE's court system to process their divorce, as it is often faster and in the long run, economical than returning to their home countries.
"I've seen a lot of people who want to do it in the UAE. It's faster to get done here," he said. "Otherwise, they might have to travel back home, as they might have to appear (in court). For example, it would take much longer in India than in takes in the UAE. People may not wish to incur the travel costs or take leaves from their employment."
In some cases - particularly in Dubai - Mehta noted that the court could finish the proceedings in mutually agreed divorces in as little as a few weeks.
"It can be a matter of one week. After that, another one to two weeks to get your judgment," he said. "Most countries take far too long compared to the UAE."
What constitutes grounds for divorce? According to Mehta, a variety of reasons, ranging from physical abuse and mental torture to desertion and adultery, all constitute valid reasons for divorce.
In some cases - such as adultery - also constitute grounds for criminal proceedings in the UAE. "Adultery is grounds for divorce in every faith, every religion's laws. Adultery is a very common reason, so if it happens, (one) can ask for divorce based on that," he noted. "But if proven, it is a serious offence under the UAE Penal Code."
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