Divorce by mutual consent in the UAE is a legal process that allows a couple to end their marriage amicably, without contentious court battles. This type of divorce requires both spouses to fully agree on all terms of the separation, including the division of assets, child custody (if applicable), and alimony.

The process typically begins with filing a request with the competent court. The couple prepares a detailed divorce agreement outlining all the terms they have agreed upon. The court then reviews the agreement to ensure it aligns with local laws and serves the best interests of any children from the marriage before issuing a divorce judgment.

Conditions for Divorce by Mutual Consent in the UAE

The conditions for divorce by mutual consent can be categorized as both formal and substantive:

• Writing and Language: The agreement must be written in Arabic and filed with the court. While it can be translated into another language if one or both spouses are expatriates, the original Arabic version must be the official one.
• Signatures: The agreement must be signed by both parties, either in person or by a special legal representative, such as a lawyer from a specialized firm like Samaha Legal Consultancy.
• Clarity of Wording: The legal phrasing of the agreement must be clear, precise, and specific, leaving no room for misinterpretation regarding the spouses’ agreement to divorce or the specific terms and conditions.
• Financial Settlement: The agreement must include a statement from the wife acknowledging the settlement of any financial claims against the husband, or it must contain specific provisions for settling those claims.
• Waiver of Appeal: The agreement must include a pledge from both parties to waive their right to appeal the divorce judgment after it is issued.
• Documentation: The agreement must be formally documented in the appropriate legal manner for both parties.

Samaha Legal Consultancy can assist you in understanding all the conditions for divorce by mutual consent in the UAE and how to implement them correctly.

Procedures for Divorce by Mutual Consent in the UAE

The procedures for divorce by mutual consent are straightforward and free of any legal or procedural complications. They can be summarized as follows:

1. File at the Family Guidance Office: The divorce lawsuit is registered at the Family Guidance Office, which is part of the competent court. The spouses’ agreement to divorce does not override the office’s efforts to reconcile them.
2. Submit Documents: The marriage certificate and the IDs of both parties must be submitted.
3. Attend the Session: Both parties must attend the session at the Family Guidance Office and present the mutual consent divorce agreement. If the agreement is signed by a special legal representative, such as a lawyer from Samaha Legal Consultancy, their ID and special power of attorney must be attached.
4. Referral to Court: If reconciliation efforts fail, the case file and all its documents are transferred to the competent court.
5. Issuance of Judgment: Once the competent court confirms the parties’ desire for divorce and verifies that the required documents have been submitted, it issues the divorce judgment.

The mutual consent divorce agreement must contain the following clauses:

• The parties’ agreement to amicably end the marital relationship.
• A statement confirming any previous divorces between them or the lack thereof.
• A decision on child custody for the appropriate party.
• The financial obligations that the husband must pay to the wife after the divorce.
• The wife’s rights after the mutual consent divorce is finalized.

Wife’s Rights after a Mutual Consent Divorce in the UAE

The wife’s rights after a mutual consent divorce are designed to achieve fairness and protect the rights of all parties. The most important of these rights are:

• Alimony (Nafaqah): The wife is entitled to alimony during her waiting period (Iddah), as it is considered one of her fundamental rights.
• Child Custody: If there are children, custody rights are determined based on the children’s best interests.
  The law also gives great importance to the father’s right to see the children and the mother’s right to visitation if she is not the custodial parent.
• Dowry (Mahr): The dowry is considered the wife’s right. If only a portion of it has been paid, she has the full right to claim the remainder.
• Financial Settlement: The parties can agree on a financial settlement that includes any other rights, such as asset division or compensation for damages.
• Legal Registration: It is very important to officially register the divorce agreement to guarantee each party’s rights in the future.

Sample Mutual Consent Divorce Agreement in the UAE

Samaha Legal Consultancy provides an ideal sample for a mutual consent divorce agreement as follows:

On this date: [Date], this agreement was concluded between the two parties:

• First Party: Mr. [Name], the husband, of nationality [Nationality] and residing at [Address].
• Second Party: Mrs. [Name], the wife, of nationality [Nationality] and residing at [Address].

Preamble: Whereas both parties wish to terminate their marriage contract, which is documented under No. [Number] on [Date], due to their inability to continue the marital life and having reached an impasse. Therefore, the parties have agreed as follows:

1. The preamble to this agreement is considered an integral part of it.
2. The First Party divorces the Second Party with a single divorce.
3. The Second Party receives the full deferred dowry and waives all her rights related to alimony and home furnishings.
4. Custody is granted to the Second Party.
5. The First Party must provide alimony for the child in the custody of the Second Party.
6. The First Party has the right to visit the child at the Second Party’s residence twice a week, on [Day] and [Day], from [Time] to [Time].
7. Decisions related to the child’s upbringing and education will be made jointly by both parties.
8. The Second Party does not have the right to travel with the child without the First Party’s consent.

This agreement has been prepared in two copies, with each party receiving one.

First Party (Husband): [Name] | Signature: [Signature] Second Party (Wife): [Name] | Signature: [Signature]

For assistance with all matters related to mutual consent divorce in the UAE and to ensure they are handled correctly, you can contact a specialized lawyer from Samaha Legal Consultancy.