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Can we file for divorce in Dubai Courts if we have marriage certificate from the consulate?

A question related to divorce between a Pakistani and an Indian national.

I'm a Pakistani national (Male, Christian) married to an Indian national (Hindu). The only legal document we have is from the Indian Consulate in Dubai which is a marriage certificate issued by them in 2022.

We have not registered our marriage with local authorities in Dubai or the UAE.

Through mutual decision, we've decided to part ways. Given the above information, we need assistance in navigating the above.

The Indian embassy insists on going to Dubai courts, which to me doesn't make sense since we haven't registered our marriage with local authorities here.

Any help and advice would be helpful!

متميز
مركز لندن للاستشارات القانونية
دردشة توظيف
اجتماع
20 Jan 2025, 07:02

Under UAE law, if the marriage has not been registered with local authorities in the UAE, you can still file for divorce through the Dubai courts based on the certificate issued by the Indian Consulate.

You can contact us via WhatsApp for further details. We specialize in these legal matters.

متميز
كي إتش إي للاستشارات القانونية
دردشة توظيف
اجتماع
20 Jan 2025, 07:18

Hello,

If both you and your wife are living in Dubai, the UAE courts generally have jurisdiction over the divorce process.

Even if your marriage is not registered with local authorities, the UAE courts may still handle the divorce based on your mutual residency in the country.

Divorce for foreign nationals in the UAE can be governed by the personal status laws of the parties’ home countries.

متميز
محمد بخيت للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
20 Jan 2025, 07:40

In your case, since your marriage was not registered in the UAE and was only documented with a marriage certificate from the Indian Consulate, the legal proceedings will largely depend on the marriage and divorce laws that apply to both of you.

Since your marriage was not officially registered in the UAE with the local authorities (such as the Personal Status Courts), local laws will not be the primary umbrella for resolving this dispute.

Marriage is only recognized on the basis of the consular certificate, and therefore, the divorce can be decided based on the laws that apply to both spouses according to their respective nationalities.

If the Indian Consulate asks you to go to the Dubai Courts, you may have to file a divorce case there.

In such a case, Dubai Courts can hear the case based on the personal status laws applicable to foreigners, including the laws of your home country.

For assistance, please contact us via phone or WhatsApp.

متميز
فاطمة المهيري للمحاماة والاستشارات القانونية
دردشة
توظيف
اجتماع
20 Jan 2025, 07:45

According to UAE law, marriages between non-Muslims are not recognized unless they are registered with the relevant authorities.

In your case, since you have not registered your marriage with the local authorities in Dubai or the UAE, your marriage is not legally recognized in the country.

In order to obtain a divorce, you will need to go through the court system in Dubai. The Indian embassy may be insisting on this because they may not have the authority to handle divorces for non-registered marriages.

It is important to note that even though your marriage is not registered, the court may still consider it a valid marriage and may require you to provide evidence of your marriage, such as the marriage certificate issued by the Indian consulate.

متميز
الحجية النوبي للمحاماة والاستشارات القانونية
دردشة
توظيف
اجتماع
20 Jan 2025, 08:06

Hello,

In your situation, it is possible to document the divorce and obtain an official decree from the Dubai courts, even if the marriage was conducted outside the UAE and was not registered with the local authorities.

Dubai Courts have jurisdiction to address marital matters as long as one or both parties reside in the UAE.

To proceed, you will need to present the marriage certificate issued by the Indian Consulate.

However, this document will require proper authentication and attestation from the relevant authorities, including the Ministry of Foreign Affairs in the UAE and the consulate or embassy that issued the certificate.

Once the document is verified, you can file for divorce in the Dubai courts through mutual consent, otherwise, depending on your agreement with your spouse.

Should you require assistance in navigating this process or representing your case before the Dubai courts, please feel free to contact me by phone or email.

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