Divorce of non-Muslim expats in Abu Dhabi courts is entertained under UAE laws unless a party to divorce requests for the application of the law of their native country. UAE grants flexibility to such expats to choose their law of jurisdiction on personal law matters. Nevertheless, whenever the law of the home country of the concerned party fails to cover an aspect of the divorce procedure, the courts hold the discretion to apply the UAE laws.
The court has the discretion to process the litigation in English in the case where the two parties do not speak Arabic, however, the claim and judgment are attached in both Arabic and English.
In a contested divorce, where the party willing to apply their home country’s law to perform their divorce should mention the same before the court. Subsequently, they have to provide an attested copy of the concerned law of their home country and thereafter perform attestation and authentication from the concerned authority in UAE to initiate the divorce with the application of their home country’s law. Upon receiving the approval from the court, the divorce of such expat shall be performed similarly.
However, when requesting to apply home country law to settle a personal status dispute before the court, the court may reject the request in case of the following scenarios.
a. The UAE law restricts to application of any foreign law in cases where any of the parties are dual citizens.
b. If the party requesting to apply their home country’s law is unable to bring the original version of the law which is attested by the Ministry of Foreign Affairs in the country of origin of the law and from the UAE Embassy located there and present it in translated version to Arabic.
For those in need of detailed guidance and legal assistance, exploring options through a dedicated family law service can be invaluable. Additionally, for a comprehensive range of legal services and expertise in the UAE, accessing a well-established legal firm can offer further insights and support.
