Briefings
Divorce and the Dubai Expatriate
Is it really over?
It could be that the stress of relocating or living in new surroundings has caused the difficulties in the relationship. If you can, look at the relationship from the outside and ask yourself if it is really past repair. The emotional upheaval that comes with a divorce is significant and not to be taken lightly.
It can often take years to finalise everything. You should be absolutely certain that this is not just a difficult patch before embarking on anything final.
Where will I live?
If you have decided to separate you will need to consider whether you wish to stay in Dubai or move back to your country of origin, or even somewhere else altogether.
What about the children?
There is absolutely no doubt that it is in the children’s interests for their parents to agree the best arrangements for their care. If you are going to move abroad and wish to take the children with you, you must be sure that this is genuinely the best option for the children. Consideration must be given to the children's ages, schooling and overall needs. Before taking any steps to change the children's care arrangements you should take legal advice. If you simply cannot agree the best arrangements for the children, then consider mediation before any court proceedings are started.
Where will the divorce take place?
If you live in Dubai but are not Muslim you do not necessarily have to get divorced in the UAE. There may be many reasons why it is better to be divorced elsewhere, such as speed, cost and ease. You should take legal advice from your country of origin, the country you were married in and (if different) the country where the majority of your assets are, to find out whether it is possible and practical for the divorce to take place there rather than in the UAE.
Do I need to use a lawyer?
The jurisdictional issues faced by expatriates are complicated and expert advice is recommended. Lawyers are guided by the instructions they receive from their clients, but are also alive to the emotional state that their clients are usually in during this difficult time. A good lawyer will advise their client to be pragmatic where possible and not to overreact to events that may ultimately have little relevance. If the couple is able to sensibly discuss the issues in dispute between them and to reach an agreement that they can both live with, the lawyers will encourage that, and will gladly take a back seat only stepping in as and when they are needed. However, both parties will need legal advice to tie up the loose ends and it will be the lawyers who formalise any agreement reached.
Do I understand our financial situation?
It is important that you understand, as best you can, your financial situation as a family. Decisions will need to be made about who needs what and the starting point is always going to be what exactly you both have. Other factors may be important, such as how the assets were built up and the law in different countries places different emphasis on these aspects of your situation. Usually, both parties will have to ‘cut their cloth’ once they separate as they will be financing two households rather than one household. If you are concerned about your partner’s spending, you will need to take legal advice on the steps you can take to maintain the status quo.
Can I start another relationship?
This very much depends upon your religion, in which country you are now living, in which country the divorce is proceeding and how acrimonious your relationship is with your ex, as well as other considerations. It is important to remember that in Dubai, it is illegal for people who are not married to each other to cohabit, whether they are Muslim or not. If you are living in Dubai and your divorce has not been finalised, a physical relationship with anyone else will be deemed to be adultery, which can mean imprisonment, again regardless of whether you are Muslim or not. If a woman is accused of adultery, her children can be removed from her care.
How long will it all take?
This question is almost the same as ‘how long is a piece of string?’ If you and your spouse are able to talk things through sensibly and amicably to come to a mutually acceptable arrangement matters could be resolved in a matter of months, leaving the lawyers to deal with legal formalities in the background. If you cannot agree with each other and choose to fight it out the process can last years.
If you would like information regarding your particular circumstances, please telephone +44 (0)20 7440 7000 and ask to speak to a member of the Family department, or contact one of the following partners:
IMPORTANT: This briefing is only intended as a general statement of the law and no action should be taken in reliance on it without specific legal advice.