How is a Divorce Settlement Calculated?
Divorce cases in the UAE can be overseen by two kinds of laws namely Sharia laws and legal court laws. Being a region governed by two types of laws, UAE authorities can rule divorce cases differently. While the Sharia laws tend to favour men during a divorce, it is good to know that couples can apply the marriage laws of their home countries if they are ex-pats.
In most instances other countries rule that a couple should divide or share their assets and other responsibilities such as child custody. UAE courts can give judgement for divorce cases so the pair do not need to travel back to their home countries to divorce. If the couples have any children, the court will decide who will win custody of the child / children based on many factors. For example, if one of the couple has a mental illness, they cannot be awarded custody.
It is safe to say that ex-pats getting divorced in the UAE will enjoy the same divorce laws they would be subjected to in their own country. The only important thing that they need to do is to ensure that they get the right divorce lawyers who understand the laws of their home countries. In order for the court to carry out divorce rulings for ex-pats, there must be proof of marriage in form of a marriage certificate attested by the relevant government body in their home country or the country where the couple got married.
Divorce for UAE Locals (Emiratis)
There are high chances that Emirati couples will get a divorce under Sharia law. Here, things are pretty different, and the man is highly favoured. For example, the Muslim religious marital laws allow the man to divorce his wife verbally without needing to follow any legal process. If the wife is the one calling off the marriage, she needs to follow a particular process and even ask for the husband’s consent to get a divorce. If the husband does not give his consent, the wife remains married to him according to the religious laws and she cannot get married to another Muslim.
According to Sharia law, the child’s custody is, in most cases, awarded to the mother, and it is the father’s responsibility to provide child support. If the husband is employed, the court will decide how much money he will be required to provide for child support. In the UAE, child support ranges from AED1500 to AED3000. If there will be a need for the husband to provide accommodation for the ex-wife, the court will provide further instructions, but the husband will likely cater to housing.
Note that there are different kinds of divorce in the Muslim community, including Khulla and ruling by Qadi. A woman can initiate and get a divorce without needing the husband’s consent through Khulla. Here, the woman seeks divorce because she fears that the marriage is not in line with Islam. During this divorce, the wife is expected to pay some amount of money or present goods and gifts to the husband as compensation for the divorce.
Although there are laws governing divorce cases in the UAE, settlement calculation is determined by many things. The court has the final say, and it will make its judgment after listening to both parties. There are some divorce cases whereby the couples agree on how the divorce settlement should be handled. These are usually easy to rule and take a short time. If the couples are not in agreement about a settlement, it is up to the court to provide the final ruling. Here, the judge will go through the evidence to give the best judgment.
Such cases can take a long time since divorce cases with feuds usually require critical decision-making. Whether you are an ex-pat or an Emirati, you will need a reasonable attorney or law firm to represent you in court.
Whether you are an expat filing for divorce using the laws of your original country or a local couple needing a divorce – there are best law firms like HHS lawyers in Dubai expert staff that can help you every step of the way.
Feel free to contact divorce lawyers in Dubai today to find out more information.