As an Expat in the UAE, if you are contemplating divorce, you are bound to have many questions running through your mind. Can you choose the UAE or the UK in which to get divorced? Do you have to get divorced in the country in which you got married? How do you get divorced in the UK while living in the UAE? Below we go through some FAQs which our clients repeatedly ask us about the divorce process.
1. I am a British Expat, where can I get divorced?
As a British expat, if you meet certain jurisdictional criteria, you can get divorced in the UK, using English law. Alternatively, by having residence in Dubai/UAE, you can also use the UAE courts to get divorced. Our lawyers will talk you through the pros and cons of each scenario, considering your specific circumstances and advising you on which court is best suited for you.
2. How can I get divorced using the English Court system, if I am resident in the UAE?
If you choose to use the English Court system for your divorce, our lawyers will guide you through the process. We have vast experience in navigating through the Court system, even from the UAE. All matters are dealt with online, and you do not have to physically be present in the UK, to divorce there.
3. What if my spouse does not want a divorce?
A no-fault divorce system was brought about in England and Wales, in May 2022. This means you can now apply for a divorce without the consent of your spouse. There are very limited ways in which such a divorce can be defended.
4. Will I have to attend Court hearings in person?
Most hearings can be attended remotely, so you would not need to travel to the UK to attend Court. We have strong links with barristers in the UK and can appoint someone to represent you if need be.
5. Can the Court deal with financial remedy matters and division of assets?
English laws allow for the division of matrimonial assets irrespective of where they are located or whose name, they are in. In contrast, currently, the UAE only deals with assets located within the UAE and has no provision for division of assets therefore each party keeps what is in their respective names. It is imperative to speak to a specialist early on to ensure the divorce proceeds in the most appropriate jurisdiction, to ensure financial matters are dealt with in the best way.
6. How will the arrangements for any children be decided?
Arrangements for children residing in the UAE should be dealt with by the UAE courts, as this is where the children are residents. An order under English law can be obtained relating to children if linked to the divorce.
If you have any additional questions or would like further expansion on the above, please contact our specialist family law team, who can assist you with both UK and UAE divorce matters.
How can TWS Legal Consultants help?
Our Family Lawyers have vast experience in divorce/children matters in Dubai and the UK. To book a consultation with a Family Lawyer contact us at the details below:
or call +971 4 448 4284