Getting divorced is believed to be a bitter and acrimonious process between the parties. They had to show any concrete reason for annulment of marriage, such as physical or mental injury, cruelty, etc. But, now a new form of consensual divorce is used in UAE, which is known as ‘no-default’ divorce.
In the recent years, there is an alarming rise in the number of divorce cases arising out of numerous reasons, such as lack of communication, incompatibility, differences of opinions, and many more. This rise also hints toward the trend that people don’t want to clutch themselves with undesirable marriages, and want to move ahead peacefully in life.
In this article, we will explore the concept of no-fault divorce in the UAE with the help of our best family lawyers of UAE.
What is a no-default divorce?
In UAE, marriage is a pious contract between the husband and the wife. In the words of our top family lawyers of Dubai, the annulment or breaking down of this contract of marriage is known as divorce. The provisions of Federal Law No. (28) of 2005 (UAE Personal Status Law) govern all the provisions pertaining to divorce in the country. Both the husband and wife, irrespective of nationality, can make an application for divorce.
The term no-default divorce refers to the cancellation of a valid contract of marriage without showing any harm done by the other party. In simple others, both the spouses decide to separate without explaining any wrongdoing on the part of anyone. Earlier, divorce was only granted after satisfying by the court that either of the party is at fault.
Divorce by mutual consent As per the provisions of UAE personal status law, the parties can make an application for getting a divorce by mutual consent. The parties need to approach the personal status court located in any of the Emirates for the purpose. After filing the case, the parties need to attend a counseling session wherein the mediator tries to settle the matter. In the absence of any settlement, the parties can pursue their case before the court, and get a divorce within a quick span of time. Our best family lawyers of UAE have highlighted that in some cases, the parties got divorced within 1 month of filing an application. As a matter of caution, it is strongly advisable for the parties to get their divorce certificate attested to make it enforceable in all jurisdictions.
- No-default divorce in Abu Dhabi
Recently, the Emirate of Abu-Dhabi has enacted Law No. (14) of 2021 concerning personal matters, such as marriage, divorce, adoption, etc. for non-Muslims residing in the Emirate. After this enactment, the parties can file for a ‘no-fault’ divorce without putting any blame on either of the parties. Article 6 and 7 of the new law governs the civil marriage contract between non-Muslims. Further, the court also doesn’t require evidence for granting the divorce. As highlighted by our top family lawyers of UAE, the requirement of approaching the family guidance committee has also been relaxed.
In short
The concept of no-fault divorce is a trend of the progressive society which envisages peaceful separation between the parties. The UAE personal status law provides for divorce by mutual consent between both parties. With the recent enactment in Abu-Dhabi, this concept has received accolades worldwide, and some other Emirates may also follow the same. However, before making any divorce application, it is strongly advisable to take the assistance of our best family lawyers of UAE for a smooth and cost-effective process.
BSB legal is a specialized family law firm of Dubai. Our best lawyers will assist you in making applications, litigation, and other advisory work pertaining to your divorce. To know more information, kindly contact one of our best family lawyers in UAE. You can email us at info@bsb.legal or call +971 5 016 05046