Filing a divorce case in the UAE while the same case is filed abroad

Dear questioner,

From your question, I sense that the divorce is contested and you are the party who filed for divorce in the foreign jurisdiction while your spouse is trying to file for divorce in the UAE. The answer to your first question is YES.

Your spouse can file for divorce in the UAE in all cases even if the divorce procedures have started somewhere else.

If you and your spouse - amicably - file for divorce in a foreign jurisdiction and the procedures have started already, you may stop the proceedings in the foreign jurisdiction.

The procedures to do so depends on the laws of such jurisdiction. In Switzerland, for example, amicable divorce procedures may take up to 18 months while in the UAE, we can finalize such procedures in a matter of days.

However, if the divorce is contested, none of you can unilaterally stop the proceedings of the divorce alone. You may consult your lawyer in the foreign jurisdiction for its own laws as it must be regulated there as well.

From a UAE perspective, as long as the marriage is still valid, your spouse may file for the divorce in the UAE as long as the jurisdiction for the UAE courts is confirmed because - for example - one of you still reside in the UAE.

It is possible to reject the terms of the settlement agreement and the subject of the case will go to the court. However, this does not mean that your rejection will stop the UAE courts from taking a decision to the case if your spouse's request is divorce.

The divorce may be granted and the status of the financial settlement to be left unsettled. In this case, you may file a separate claim for whatever financial claims between each other as for example "child support or distribution of assets".

If you may require further clarifications about the subject, you may contact me directly for an appointment through email.