أسئلة وأجوبة
Divorce and division of assets in the UAE
Hi,
I am currently negotiating a divorce with my wife who is a Russian National. We got married in 2013 in Moscow ZAGs (Registry).
I would like to know more about the division of assets upon divorce and what the correct procedures are, as I am in a deadlock with her negotiating.
We bought a property in the UAE and both contributed equally towards the down payment. However, moving forward, all mortgage payments were made by me.
I am trying to make an agreed settlement with my wife, however, she is asking more than what I feel is fair and equal. If I was to sell the property we would both end up with less.
In fact, she will end up with significantly less than what I am offering her. I would like to speak to someone with regards to the divorce proceedings and what the correct procedure is.
The choice of jurisdiction on divorce largely depends on factors such as nationality, domicile and habitual residence of the parties.
Expats can usually choose the jurisdiction in which a divorce may take place (in your case it is the UAE but can be any other country) or the jurisdiction of the husband or wife’s home country (irrespective of where they live now or the local UAE court.
Non-Muslims who married in the country can divorce under their own country’s laws or under the local law (Sharia Law).
However, it is worth mentioning that when the local courts are to decide on divorce proceedings between expats, Sharia Law may prevail over that of their home country.
I cannot advise on Russian laws (assuming you choose to apply Russian laws), but in general the common difference between Sharia law and the laws of other countries that do not follow Sharia law is that in those countries (and I’m generally talking about common law system countries such as the US, the UK and the like), assets acquired before the marriage or those inherited by one party can be vulnerable in a divorce.
This means that in deciding on how to redistribute the assets, the judge looks at the totality of circumstances (such as the grounds of divorce, the number of years of marriage, the efforts each party made...etc).
Under Sharia Law, this distribution is rather more straightforward; meaning each party simply retains the assets and property held in their names.
Generally, if all the property is held in one party’s sole name, the other cannot claim against that. Once the parties decide on getting a divorce, the matter will be registered at the Moral and Family Guidance Section at the Dubai Court.
Shortly afterwards, a counsellor meets the couple to discuss their problems and see if there is any chance of reconciliation, before beginning the divorce process.
If the couple, or either of parties, still insist on divorce, the application will be forwarded to a judge at court to obtain his decision on the divorce.
If the husband and wife are both Muslims and residents in the UAE, Sharia/UAE law will most likely be applied to their divorce.
The same is likely if the husband is a Muslim and the woman a non-Muslim.
For a more detailed assessment, please contact us.
