Many spouses go through tough times. Sometimes, it’s just typical marital problems that can be solved, whereas other times, divorce is the only solution.
It doesn’t matter if they’ve lived in or moved into Dubai a long time ago or only just arrived. If you’re going through a separation, you’ll want to know how property and assets can be divided.
Dividing Property during Divorce in Dubai
Under the law, a couple’s joint property is divided between them by the court. It will decide who gets what and how much they should get.
The nature of joint property depends on whether the couple was married or living together in a de facto relationship.
The court may also be asked to divide jointly owned property if there is an agreement between the parties or one party makes a claim for a division of jointly owned property as part of their divorce proceedings.
In order to make an application for the division of property in Dubai, it needs to be filed within 12 months after separation.
If not, then you can seek permission from the court to do so outside this time limit. There are no set rules as to when approval will be granted in such circumstances.
Division of Assets Liabilities and Debts
The divorce process requires the parties to follow specific legal procedures in Dubai. For example, a petition needs to be filed in court by one of the spouses seeking the divorce.
Following this petition, courts can order an interim financial arrangement granting maintenance to either spouse or children.
Divorce proceedings can take up to four months from when the petition was issued until a final judgment is made. In rare cases, with both parties consenting to an expedited procedure, this process may be shortened to two months.
The court will assess each case individually and will divide assets based on certain factors such as the size of property and income earned during marriage by both spouses.
This can include financial assets and liabilities acquired during the marriage.
Division of Financial Assets
Division of property, assets, and liabilities during the divorce proceedings can be complicated.
If a couple cannot come to an agreement regarding their finances and the division of their assets, then a court will make this decision for them.
The law applies to all non-Muslim residents (whether expatriate or GCC national) who wish to terminate their marriage in the UAE.
Sharia courts cover debts above AED 50,000, while lower courts handle smaller debts. For properties above AED 1 million, both parties must focus on dividing these financial assets, which may include:
- Bank accounts
- Property (value must be over AED 1 million)
Children Custody in Dubai
When a marriage breaks down, the issue of child custody and guardianship becomes a contentious topic. The welfare of children must always be given paramount importance in such situations.
The law governing divorce in UAE is Sharia Law. Under the Sharia Law, both parents are entrusted with the responsibility of caring for their children after a divorce.
However, usually, mothers get custody of the children till they attain puberty, while fathers retain guardianship rights over their children and have to provide financial support till they reach adulthood.
Generally, courts give mothers custody because it is believed that they do not remarry as often as fathers and are more likely to keep the child’s best interests at heart rather than endanger them by remarrying too soon.
Fathers can request visitation rights and also can be awarded joint custody of their children upon divorce if they prove themselves capable enough to care for them financially and emotionally.
Knowing the divorce laws in Dubai regarding properties, assets, and custody is essential to ensure property division between formerly married spouses goes legally. For further assistance, it’s also best to hire a divorce lawyer or family lawyer.