Filing a divorce case against the husband who is not residing in the UAE

UAE Personal Status [Fed. Law 28 of 2005] has provided jurisdiction for matters regards:

Divorce, maintenance, and custody of kids of the foreigner parties under Article 5: “The state courts shall be competed to try personal status actions initiated against citizens or foreigners having a domicile, residence or workplace in the state”.

Both parties can apply their country's law here in UAE courts.

Both parties' presence in UAE is required but there is an exception described in Article 6: The state courts shall be competed to try personal status actions initiated against foreigners having no domicile, residence or workplace in the state in the following cases:

1. If the action for objecting to a marriage contract to be concluded in the state.

4. If the action concerns the filiation of a child having a domicile or residence in the state, or if it concerns a matter of the guardianship of the person or property if the minor or the person to interdicted has a domicile or residence in the state, or if the last domicile, residence or workplace of the absent person is in the state.

5. If the action concerns a personal status matter and the claimant is a citizen or a foreigner having a domicile, residence or workplace in the state if the respondent has no well-known domicile or residence abroad, or if the national law is to be applied in the state.

6. If there are several respondents and one of them has a domicile, residence, or workplace in the state.

7. If the claimant has a chosen domicile in the state.

Please feel free to contact me via phone or email for further consultation.