Divorce is a crucial legal process. Divorce is the dissolution or annulment of marriage. This could lead to problems including Property Division, Child Custody, Financial Responsibilities, Alimony, and others. Divorce is managed through Laws in UAE, set by UAE government for Muslims and Non-Muslims. The laws are dependent upon religious factors. There are different sets of laws for Muslim or non-Muslim marriage. It will also discuss the legal implications of divorce for both Muslim and non-Muslim married couples.
The divorce decree is an official court order. It is issued by a competent and well-learned judicial authority. It is done to terminate or end a marital union between spouses. Normally, family matters in United Arab Emirates are handled by Sharia courts. Divorce is included in it. Nevertheless, a divorce decree is granted based on specific grounds. It may include abandonment or abuse of the spouse, which should be recognized by the UAE court.
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The divorce decree ends the marriage legally and lawfully. A divorce Decree signifies the dissolution of a marriage between husband and wife. However, it doesn’t necessarily address the practical issues that may arise from the separation.
In contrast, the marital settlement terms refer to resolving the ancillary matters that may arise from divorce. A marital settlement is an agreement between the divorcing parties. The contract is made to address important issues. It may account for matters like child custody, visitation rights, spousal support, asset division, alimony, financial obligations, and the list goes on.
The marital settlement’s basic aim is to provide clarity and transparency. It also supports the mutually agreed-upon framework for post-divorce life. The Muslim couples who are seeking a divorce have 3 different possible outcomes:
- Muslim couples may opt to reconcile and continue their marriage. They may choose to get together without seeking a divorce. This reconciliation can happen through a marital agreement or a court settlement.
- If the couple decides to reconcile, the courts facilitate the couple for the settlement. Under this, they won’t need a divorce Decree.
- If the couple agrees to divorce by taking into account certain terms and conditions. Under this, the court grants a divorce decree. Divorce is granted alongside an agreement. This may include a comprehensive resolution. It is done in significant matters like child custody, spousal support, financial obligations, and property division.
- In some serious cases, a wife gets a divorce decree without any certain terms or conditions. Rather it is based on mutual consent.
- On the other hand, there are different laws for divorce proceedings for non-Muslim couples in the UAE. As per the law, spouses are permitted to seek divorce unilaterally. They don’t need to prove the fault or provide evidence.
- It is considered sufficient and enough for any of the spouses to express their desire for separation. Similarly, Abu Dhabi has a different law in place for non-Muslims in the Emirates. It allows the divorce decree without proving fault from either side.
- Non-Muslim couples enter into marriage through a designated form in the United Arab Emirates. It is required for prior authentication from the judge. Under this, the marriage contract may contain some conditions. The terms and conditions are agreed upon by both spouses. This may include rights and obligations during and after the marriage.
- After the divorce, a divorced woman can apply for alimony. He is allowed to seek alimony from her former husband.
- For this, they will be taking into account considerable factors such as marriage duration, age, economic status, contributions, and so forth.
- The law recognizes the significance of joint custody for non-Muslim parents. It is provided regardless of gender. It is done to ensure the child’s well-being and betterment post-divorce. Therefore, in case of custody disputes, any of the spouses may opt for court resolution.
- There are different legal proceedings for Muslims and non-Muslims in the UAE. Under divorce, a person is emotionally, mentally, and even physically weak. Therefore, a set of laws are present in the UAE to facilitate couples in troubled marriages.
- There are separate rules for Muslims and non-Muslims to navigate the divorce proceedings in their best interest. The court involved in such cases guides the individual’s rights and obligations. They make sure that their best interests and rights are protected and rightly guided as per the UAE laws and regulations.