Indian expats in the UAE can file for divorce in India if either spouse is domiciled there or the marriage was solemnised in India. (AI Representational image)
Indian nationals residing in the UAE may be able to file for divorce in India under certain conditions, explains legal expert Ashish Mehta, founder and Managing Partner of Ashish Mehta & Associates.
Understanding divorce jurisdiction for Indian expats in the UAE
According to Mehta, non-Muslim individuals who marry in the UAE may apply the provisions of UAE Personal Laws for Non-Muslims. This is established under Article 1(1) of Federal Decree Law No. 41 of 2022 on Civil Personal Status. The law states that it applies to non-Muslim UAE citizens and non-Muslim foreigners residing in the UAE unless either party chooses to apply their own personal laws. This covers matters such as marriage, divorce, wills, and proof of affiliation, without prejudice to certain specific articles (12, 13, 15, 16, and 17) of the older Federal Law No.
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5 of 1985.In India, non-Muslim Indian nationals can opt to apply the personal laws corresponding to their faith when filing for divorce. Jurisdiction for divorce cases typically depends on:
- The permanent domicile (residence) of the spouses in India
- The place where both husband and wife last lived together
- The wife’s domicile
- The place where the marriage was solemnised
This means Indian nationals residing abroad can file for divorce in India if one of these jurisdictional criteria is met.Couples are advised to seek legal advice from a qualified lawyer practising in India before initiating divorce procedures there.
Legal process and documentation for UAE residents filing divorce in India
The necessary steps for UAE residents wishing to file for divorce in India include:
- Translating your marriage certificate in the UAE and attest it through the UAE Ministry of Justice.
- Obtaining further attestation from the UAE Ministry of Foreign Affairs and International Co-operation.
- Getting the certificate attested by the Consulate General of India in Dubai.
- Engaging a lawyer in India and provide a power of attorney, duly attested by the Consulate General of India in Dubai, to register the divorce case.
- You may need to appear in court in India if directed by the court.
What this means in simple terms
- Indian nationals (non-Muslims) living in the UAE can file for divorce in India if at least one of these conditions applies: either spouse has a permanent home (domicile) in India, the couple last lived together there, the wife is domiciled in India, or the marriage took place in India.
- Before filing, the marriage certificate must be translated (if needed) and officially attested by UAE and Indian authorities to be legally valid in India
- You can appoint a lawyer in India by giving them a power of attorney, which allows them to handle the divorce case on your behalf without you being there all the time.
- However, you and your spouse may need to appear in an Indian court in person if the court asks for it during the divorce process.
- It is very important to consult a qualified Indian lawyer to understand the full legal process and make sure everything is done correctly.
Filing for divorce in the UAE as a non-muslim expat
Non-Muslim expatriates living in the UAE have two main options when seeking a divorce:they may file for divorce in their home country (domicile) or proceed with the divorce process through the UAE courts.
Applying home country laws in the UAE
Under Article 1 of Federal Law No. 28 of 2005 for Personal Affairs (as amended), UAE courts allow non-Muslim residents to request the application of their home country’s laws in personal status matters, including marriage, divorce, and property-related issues. This means the parties may formally petition the court to apply the law of their nationality instead of UAE law.The law also states that the personal status and property-related effects of a marriage are generally governed by the husband’s national law at the time the marriage was contracted. However, if the foreign law does not address a particular aspect of the divorce procedure, UAE courts have the discretion to apply UAE law to fill the gaps.
What this means practically
- You can divorce in your home country or in the UAE.
Non-Muslim expats have full flexibility to choose where their case is heard. - To apply your own country’s laws in the UAE, you must request it.
Foreign laws are not applied automatically; the court requires a formal petition. - UAE courts default to the husband’s national law for marriage effects
unless a different law is specifically requested. - If your home country’s divorce laws don’t cover something, UAE law will apply.
This ensures the case is completed without legal gaps.
In one sentence:Non-Muslim expats can pursue divorce in the UAE and request their own country’s laws to be applied, but if those laws are incomplete, UAE courts will use UAE law to resolve the remaining issues.This article provides a general overview and does not constitute legal advice. For personalized guidance, readers should consult a qualified lawyer practising in India Go to Source