GETTING MARRIED IN INDIA AND CONSIDERING DIVORCE IN THE UAE? HERE'S A GUIDE TO THE PROCESS.

We assume that both of you are Indian citizens and practice a faith other than Islam. You and your spouse are prepared to initiate divorce proceedings in the Dubai emirate court. However, we are uncertain whether you intend to pursue a divorce by mutual consent or a contested divorce. It's important to note that in Dubai, the Personal Status Court accepts divorce cases filed by individuals who reside in the UAE.

In the UAE, Muslim expatriates can obtain a divorce decree under Sharia Law, while non-Muslims have the option to apply the provisions of Federal Law No. 28 of 2005 concerning personal status, also known as the 'Personal Status Law.' This law allows non-Muslims to follow the personal laws of their home country under which their marriage was solemnized. This aligns with Article 1(2) of the Personal Status Law of the UAE, which states: "The provisions of this law shall apply to the citizens of the United Arab Emirates unless non-Muslims among them have special provisions applicable to their community or confession. They shall equally apply to non-citizens unless one of them asks for the application of his law."

To begin the divorce process, either you or your spouse can initiate contact with the Family Guidance Section of the Personal Status Court in Dubai and provide the documents listed below:

1. Original and copy of marriage certificate, which is duly notarised, attested by Ministry of External Affairs India, UAE Embassy in India and the Ministry of Foreign Affairs & International Co-operation in the UAE;
2. Original Arabic translation of the aforementioned marriage certificate duly attested by a legal translator in the UAE and Ministry of Justice, UAE;
3. Original Passports or UAE Resident Identity Cards;
4. Copy of Passport copies, visa pages and UAE resident identity card.

For more understanding of the Law or clarity for your enquiries, Please feel free to get in touch with SALC Team.