How to File for Divorce in Dubai for Indian Nationals in 2025

Divorce in Dubai can be complicated, but understanding the process makes it manageable

Divorce is a complex and emotionally challenging process, and when you’re in a foreign country, such as Dubai, the legal procedures can seem even more daunting. 

For Indian nationals living in Dubai, understanding the divorce process is key to navigating the legal system effectively. This blog outlines the necessary steps, requirements, and considerations for filing for divorce in Dubai for Indian nationals.

Initial Steps to File for Divorce in Dubai

The process of filing for divorce in Dubai begins with submitting an application to the Family Guidance Section of the Dubai Courts. 

In the UAE, Muslim expatriates can divorce under Sharia Law, while non-Muslims may apply the personal laws of their home country under Federal Law No. 28 of 2005. Article 1(2) of this law allows non-citizens to request the application of their own laws.

This step is required for both Muslim and non-Muslim expatriates, including Indian nationals, as it aims to facilitate reconciliation before the divorce case proceeds further.

Required Documents:

• Marriage Certificate: A copy of your marriage certificate, which must be translated into Arabic if it is not already in the language.
• Passport Copies: Passports and visa copies for both spouses.
• Children’s Documents (if applicable): If you have children, their passports and visa details are also required.
  

Once these documents are submitted, the Family Guidance Section will initiate the mediation process by appointing a conciliator.

Mediation and Conciliation Process

In Dubai, mediation or conciliation is a mandatory step in divorce cases. A court-appointed conciliator will work with the couple to attempt reconciliation and find a peaceful resolution before the case is taken to court.

The conciliator’s job is to facilitate communication between the couple and try to resolve issues such as financial settlements, child custody, and other disputes.

During these mediation sessions, legal representation is not permitted. It’s meant to be a neutral setting where both spouses can discuss matters openly.

If both parties reach an agreement, a settlement is drafted and signed by both parties in the presence of the conciliator.

If reconciliation efforts fail and no agreement is reached, the conciliator will provide a referral letter allowing the case to proceed to court. This means that the divorce process will now be handled by the court.

Court Proceedings for Divorce

If mediation does not lead to a settlement, the case moves to court. In the court, both parties will be able to present their evidence and arguments. The court will make decisions on the divorce, including financial settlements, child custody, and asset division.

• Evidence Presentation: Each party must present evidence to support their claims. This may include financial records, witness testimony, or other relevant documents.
• Legal Representation: Unlike the mediation stage, in the court process, both parties can have legal representation. Hiring a lawyer with experience in UAE family law is highly recommended, especially if the divorce is contested.
  

Once the court hears both parties and reviews all evidence, it will issue a ruling on the divorce.

Choosing Between UAE Law or Indian Law

As an Indian national, you may have the option to follow either UAE law or Indian law for your divorce proceedings, depending on your personal circumstances.

Divorce Under UAE Law:

• If both spouses agree, the divorce can proceed under UAE law, which involves the Dubai courts handling all aspects of the case.
• This is the standard procedure for expatriates in Dubai, and it is the most common route for Indian nationals seeking divorce in the UAE.

Divorce Under Indian Law:

• If both parties prefer to follow Indian law for their divorce, they may file for divorce at an Indian consulate in the UAE. This process would follow the Indian legal system’s rules.
• It’s advisable to consult with an Indian lawyer who understands both UAE and Indian family law to ensure that the divorce follows the appropriate legal procedures.

Financial Matters and Alimony

Divorce in Dubai involves considerations of financial support and property division, and Indian nationals should be aware of how these matters will be handled.

The court may order alimony payments, typically monthly, to the financially dependent spouse. The amount is determined based on factors like the duration of the marriage, financial contributions, and the living standards established during the marriage.

If the couple owns property or assets, these will need to be divided. In Dubai, the court strives to ensure that the division is fair to both parties.

Child Custody

For couples with children, the court will also make a decision regarding child custody. The custody of children is a critical issue in any divorce, and the UAE court prioritizes the best interests of the child in these decisions.

• In general, the mother is granted primary custody of younger children, but the father may have visitation rights.
• The court will consider the welfare of the child when determining custody arrangements, including the child’s education, emotional needs, and relationship with each parent.

Finalizing the Divorce

After the court has made its decision on the divorce, custody, alimony, and division of assets, the divorce will be finalized. Both parties will receive a divorce certificate, which will be used to update their marital status in official documents.

Considerations for Indian Nationals Filing for Divorce in Dubai

• Document Translation: All necessary documents (such as marriage certificates and passports) must be translated into Arabic to comply with the UAE court system.
• Legal Help: Hiring a lawyer with expertise in UAE divorce law is crucial, especially if the divorce involves disputes over finances, property, or custody.
• Mediation is Mandatory: Before the divorce can proceed to court, couples are required to attend mediation sessions. This is a mandatory step in the UAE’s legal process.
• Child Custody and Alimony: Courts in Dubai prioritize the child’s welfare and may grant custody to the mother, especially for younger children. Additionally, financial support for the spouse and children is an important consideration.
• Enforceability of Rulings: If assets are located outside of the UAE, it’s important to understand how court rulings will be enforced, especially when dealing with international property or financial matters.

Conclusion

Filing for divorce in Dubai as an Indian national may seem overwhelming, but with the right knowledge and legal guidance, the process can be navigated smoothly.

Whether you choose to proceed under UAE law or Indian law, Easy Wedding will help you in understanding the steps involved to ensure a fair outcome. 

If you’re seeking a divorce in Dubai, our team can guide you through a smooth, hassle-free process. We also assist Indians with court marriages in Dubai.