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how to file divorce in dubai for indian

2023-04-15
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Divorce proceedings can be challenging, particularly if you’re residing abroad

You must take certain steps if you are an Indian national residing in Dubai and want to be divorced for the process to go smoothly and successfully.

This post will walk you through how to file divorce in dubai for Indian, along with mentioning the top lawyers you can consult to help you out.

how to file divorce in dubai for indian

It’s crucial to get legal counsel from an experienced divorce lawyer in dubai indian knowledgeable about Dubai’s divorce laws and uae laws before you file for divorce.

Your attorney will provide you advice on the legal ramifications of divorcing, such as the division of property and child custody.

The first step in requesting a mutual divorce is to file a joint petition with the Dubai Courts Family Guidance Section. Both parties must sign the divorce petition and consent to the divorce. The following papers must be presented with the plea:

  • a copy of each party’s passport and the couple’s marriage certificate
  • a copy of each party’s resident visa
  • a copy of each party’s Emirates ID
  • a copy of the lease or identification proving residency

Following the petition’s submission, a conciliation meeting at the Family Guidance Section will be needed to be attended by both parties.

The meeting’s goal is to try to address any disagreements between the parties and come to a resolution. A settlement agreement will be filed to the court for approval if one is achieved.

Both parties must concur on allocating assets and child custody in an amicable divorce. If a compromise cannot be struck, the court will decide what is in the children’s best interests.

In the event that the mediation session ends in a deadlock, the case will be heard in court. The hearing must be attended by both parties, and the judge will consider the evidence before deciding whether to grant the divorce.

A final divorce decree will be issued if the divorce is granted by the court. That’s the gist of how to file divorce in dubai for indian.

file for a Mutual Divorce Divorce Between Two Hindus under UAE Law

Seeking legal advice from a professional knowledgeable about UAE family law will ensure you adhere to the necessary steps and standards.

You must fulfil specific residence conditions in order to petition for divorce in the UAE. You might need to have been a resident for a specific amount of time in your emirate before you can apply for divorce.

You and your spouse will need to agree on matters like child custody, alimony, and property distribution in an amicable divorce.

A settlement agreement that defines the conditions of your divorce must be written. To prevent any misconceptions, this document must be written in both English and Arabic and should be precise and unambiguous.

Once your settlement agreement is in place, you can file for divorce with the district court.

A copy of the settlement agreement as well as your marriage certificate, residence documentation, and other papers, will be needed by the court.

You must show up for a court hearing after submitting your application. The court will assess your settlement agreement at this hearing to make sure it complies with UAE legal requirements.

Your divorce will be legally finalized if the court accepts your settlement agreement. You will require a court-issued divorce certificate.

This divorce document, which will be available in both English and Arabic, will be used as evidence.

Top lawyers to consult

Now that you understand the legal procedures on how to file divorce in dubai for indian, it’s time to list out the top lawyers who will help you on this journey.

Al Shamsi

Al Shamsi Advocates and Legal Consultants was founded due to the excellent legal services offered by a Dubai-based law practice.

The firm comprises a group of professional attorneys that excel at providing legal advice and direction in response to the changing social context and its related legal requirements.

Reach out to Al Shamsi through the following:

Essam Al Tamimi

Essam Al Tamimi established Al Tamimi & Company in 1989, which is now known as the largest law firm practising in the Middle East. He is the company’s chairman at the moment.

Essam has extensive experience in litigation and arbitration, spanning over 34 years in the UAE and the GCC countries. He is well-versed in almost all legal fields.

Ali Zakaria

With more than twelve years of experience in Egypt’s judicial and public prosecution sectors, Ali has a broad range of legal knowledge focusing on the Egyptian legal system.

His speciality area is family law, where he focuses on issues related to several personal status court laws, including divorce, alimony, succession, and child custody.

FAQs

The validity of a divorce granted in Dubai in India will depend on whether the divorce was obtained through mutual consent or through a contested legal process.

If you are an Indian national living in the UAE and seeking a divorce in the uae from your Indian marriage, there are specific legal procedures that you must follow, starting with consulting a lawyer and all the way to having your divorce petition approved by a court of law.

If you are an Indian citizen living in the UAE and wish to apply for a divorce, you have to consult with a lawyer, choose an appropriate court, file a divorce petition, attend court hearings, and finalize the divorce.

If you are an Indian national living in Dubai and need to make a power of attorney in India, you can do so by identifying an attorney, drafting a power of attorney, getting the document notarized and attested, and sending the document to India.

In Summary

This article has gone through the process of how to file divorce in dubai for indian in detail.

We discussed the entire legal process awaiting Indians who want to get a divorce in Dubai or any other part of the UAE and mentioned the top lawyers you could consult for the best results, you can also see non muslim divorce in dubai, and muslim and non muslim marriage in dubai, in addition to Divorce lawyer Dubai expat, and identify bestattorney in dubai.

بقلم المستشار القانوني

A legal Consultant with a degree in law and has many legal research and articles that have been published in the most important international fields concerned with legal affairs. Such as: - Journal of the seminar for legal studies. - International Legal Journal. - Journal of Political Science and Law. He also has several case studies and cases in different disciplines: international law, criminal law, civil transaction law, commercial transaction law, and so on.

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