طلب الطلاق وتحديد الحضانة القانونية للطفل

Under Article 1 of Federal Law No. 28 of 2005 (Regarding Personal Status) - “If the parties wish to have the law of their home country applied, they may petition for this before the court."

This means that the law allows relevant parties to apply their own laws to personal status matters, especially in divorce cases whereby both parties are from the same country.

The divorce process in the UAE begins with either party opening a file before the court asserting their decision to end the marriage.

Thereafter a MANDATORY meeting where the parties will voice their concerns pertaining to the marriage before the conciliator.

In this meeting, no legal representatives will be permitted and the couple will get the opportunity to discuss their issues and attempt to resolve them.

CUSTODY: There are two types of custody, physical (With whom the child stays) and legal (control over the passport and financial responsibility).

Under articles 78, 148 and 155 of the Personal Status Law, a mother would have physical custody of the child/children on divorce until the boy is 11 and the girl 13.

After this, the physical custody could revert to the father, if he applies for it. The father is always the legal guardian of a child under the UAE law and part of his role as a guardian is to have financial responsibility for the child.

nikhat@kochhardubai.com