We have always learned that marriage is a holy bond. We are made to believe that the bond of marriage is timeless and it stays for the eternity. But the reality is much more complicated. Often a marriage gets stormed with a multitude of troubles and slowly you start drifting away from the person whom you once called your better half. As you continue to drift further from each other, there comes a point where all chances of reconciliation get lost and separation becomes inevitable.
Well, if you truly want to separate from your partner then the first thing you would need is a divorce lawyer. With the most number of divorces in a year, Dubai has the highest divorce rate in the region. So, you would not have trouble in hiring divorce lawyers in Dubai. But before you get embark on hiring a lawyer there are few things you need to be aware of. Hence, there are few questions whose answers you must need before hiring the lawyer.
Which law guides the divorce?
Generally, the codes of Sharia law govern over the Muslim marriages. These principles are designed in such a way that it automatically makes the divorce too difficult in order to protect the sanctity of a marriage. But on certain grounds like cruelty, physical abuse of the wife, lack of modesty, mental deficiency and failing to meet the conjugal requirements, the divorce can be sought.
For getting divorced in Dubai, the first thing that you need to do is to file your divorce by registering the case at the Dubai courts in the Moral and Family guidance section. Though the attempts of reconciliation will be made by both parties but if no mediation is reached then the case will be forwarded to the Court of First Instance.
The expats or non-Muslims can choose to divorce under the jurisdiction of their country or UAE. But the things may get complicated due to cross jurisdiction when issues like alimony, a division of assets and child support are involved. In such cases, it is better to seek the help from efficient advocates to resolve the problems.
How long does the divorce take?
Actually, the time span required for completing the divorce process varies from case to case. The time required is of course not fixed since it completely depends on the complexity of the case. But usually, it takes three to six months. It may also take more time depending upon the case. It is too difficult for an estranged couple to separate in Dubai as Sharia law governs over the divorce cases. So, unless the Judge is fully convinced about the failure of the marriage; the separation is not possible.
How much will the divorce cost you?
If you are willing to go for the divorce then it is in your best interest to seek assistance from the divorce lawyers in Dubai. A questionnaire is usually prepared for the lawyer to get a complete idea about how you want to proceed the things. Usually, an uncontested and cordial divorce will cost you between 8,000 AED to 12,000 AED. But keep in mind that disbursements will be billed separately.
Who will get the custody of the children?
Under the Personal Status Law of UAE, the custody of the children is provided to the parents only. The mother will be given the custody of the children so that their daily requirements can be met. However, the father will be in charge of financial, educational, medical and travel needs of the children. The father can apply for the custody of his children once they reach a certain age which has been ascertained as 11 years in the case of boys and 13 for girls.
How will the assets be divided after divorce?
Maintenance can be claimed by the wife after three months of the finalization of the divorce. You may claim maintenance if you were not supported by your husband in the last year of the fallen marriage. Generally, the payments are finalized at 40% of the total income of the husband for a year.
Since the Sharia law prevails over Dubai, so getting separated can be very difficult than you even imagine. Hence, it is best to take legal advice from the divorce lawyers in Dubai and get freedom from the confinements of a failed marriage.
Also, Read – 5 Questions to ask your divorce lawyer