How can I file for divorce in the UAE as an Indian Christian with a son, and ensure custody?

Greetings,

We are honored to provide legal support and assist you in obtaining a divorce, especially given the physical separation that has lasted for a significant period.

This separation facilitates the divorce process. You can retain custody of your son due to his young age, and we can help prove your custody to ensure you keep it.

You are the most suitable candidate for custody, as you have taken care of him for three years in the absence of his father, which confirms your interest in your son's well-being.

For further inquiries about your topic, you can come to our office or contact us via WhatsApp, phone, or email.

Good Morning,

This is Fabin, from Bakertilly Law.

As a resident, you are eligible to file for divorce under Federal Decree-Law No. 41 of 2022. Additionally, you may submit a request for child custody along with the divorce petition.

To initiate proceedings, you have to engage a law firm that can guide you through the process.

We are a full-service law firm with representation rights across all UAE Courts. Should you require assistance, please do not hesitate to contact us.

Dear Questioner,

(1) You can file a case in the UAE if your husband lived there before. If he never lived in the UAE, the case will not be accepted.

(2) To file for divorce, you start by submitting your case. It will first go to the Family Reconciliation Section. If your husband agrees, both sides will settle things there. If he doesn't agree or doesn't respond, the case will be sent to a judge, who will decide on the divorce based on what both of you say.

Hello,

Mutual Divorce is fairly simple and less time-consuming than a contested one.

First, you need to check with your husband if he is ready for mutual divorce or not.

Good afternoon,

We can open a case requesting the court to grant the divorce and seek compensation for the time your husband was absent, as well as alimony for you and the children, including accommodation rent, and other expenses.

Contact us at [-------].

Yousra from Abdelaziz Elzaabi Law Firm

Dear questioner,

To file for divorce in the UAE, both parties should be present in the country. If your husband mutually agrees to the divorce without any time constraints, it can be processed here in the UAE.

To discuss this further, kindly share your WhatsApp number.

Thank you for reaching out with your question!

As an Indian Christian residing in the UAE, you have the option to file for divorce under the personal laws applicable to you, or you can choose to proceed under UAE laws.

If both parties agree on the divorce (mutual consent), the process is generally straightforward and involves filing a joint petition in the court.

The court will then review the agreement, particularly concerning child custody and financial settlements, before granting the divorce.

If the divorce is not by mutual consent, the process becomes more complex. You would need to file a contested divorce petition, outlining the grounds for divorce. The court will then evaluate the case, and the process may take longer, especially if your husband is not present in the UAE.

Regarding child custody, since your son is residing with you, you can request custody through the UAE courts, which generally favor the mother, especially when the child is young.

However, custody matters can be sensitive and may require careful legal handling to ensure your rights and your son’s well-being are fully protected.

I recommend that we discuss the specifics of your situation further to develop a strategy tailored to your needs.

Please feel free to reach out to me directly via WhatsApp or phone at [-------], or email me at [----------].

Looking forward to assisting you further.

Best regards,

Suhail Rana