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Dubai, UAE

The applicable law to foreigners' divorce and splitting of assets in the UAE

Hi, I wanted to understand the laws on asset split upon divorce.

I and my wife are residents of Dubai, citizens of Australia. Our assets are in Australia, Singapore, India and the UAE.

Which country laws would be applicable to us?

Aceptive Legal Consultants
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28 Mar 2020, 06:49

Dear questioner,

As per Sharia law in the UAE, assets are not split in any divorce. If you are filing for divorce in UAE as per Sharia law, then you need to provide your wife with maintenance only, no need to split the assets.

If need be, kindly contact us via phone or email.

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Mohammed Bani Hashem Advocates & Legal Consultants
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28 Mar 2020, 07:51

Dear questioner,

Pursuant to the query, if you are going according to the UAE law, splitting of assets may not be considered during the divorce, but the husband needs to give maintenance to wife and children.

To give you proper advice, we need to know your case in detail; such as: your religion, whether you are agreeing for mutual consent divorce, and any prior agreement made regarding the assets and so on.

To have a detailed discussion, kindly contact us via phone or email.

Thank You!

Bin Eid Advocates & Legal Consultants
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29 Mar 2020, 21:38

Hi,

As a foreigner, you can apply for divorce proceedings in the UAE. UAE personal law states:

“The provisions of this Law shall apply on citizens of the United Arab Emirates State unless non-Muslims among them have special provisions applicable to their community or confession. They shall equally apply to non-citizens unless one of them asks for the application of his law “

The first reconciliation committee will counsel both of you for settlement (the lawyer is not allowed for this).

If a settlement does not happen, then you can go further to divorce court proceedings and you may agree for mutual consent divorce, then the court will issue a decree on the basis of that agreement, otherwise, the court will issue a judgment according to the merits of the case.

Normally, Shariah law will apply in the court, but you can request the court to apply your Australian law under the above-mentioned provision of law.

The court can order you for payment to your wife of a lump sum amount and maintenance of kids. You can have guardianship of kids (concerning this, I can consult you after receiving complete info from you).

Feel free to call, WhatsApp, or email me.

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