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Jurisdiction of the UAE courts in a divorce case if one party is abroad

Please, can you let me know if the UAE courts would have jurisdiction in a divorce case for a British non-Muslim UAE resident with a UAE residency visa?

The other party is a not a UAE resident nor a Muslim and has never had a UAE residency visa, but has visited the UAE on a visit visa 12 months ago and has issued (but not yet served) a divorce petition in the UK?

And does it matter when the divorce petition issued in the UK is served to the UAE resident? Will it make any difference if it is served before or after they file for divorce in the UAE?

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Ibrahim Al Banna Advocates & Legal Consultants
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20 Mar 2019, 16:06

Dear questioner,

In the absence of a residency visa for one partner, it is not possible to file a case in the UAE.

If a case has already been filed   in the UK, then this Court will obviously not entertain a fresh case here.

Regards,

AlBanna Advocates

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