Frequently Asked Questions
It’s difficult to give an exact timeline because every divorce case is different. Generally, there are two stages:
- Family Guidance Department: This stage aims to settle issues through mediation. If one side isn’t cooperative, the process may end quickly. If both want an amicable resolution, it can take longer.
- Court Litigation: If mediation fails, the case moves through three levels of court—the Court of First Instance, Court of Appeal, and Court of Cassation. Depending on investigations, witness hearings, and expert reports, cases may finish within a few months or drag on for a year or more. Laws are regularly updated to speed up the process.
Remarriage doesn’t automatically end a mother’s custody rights. Courts have ruled that marriage alone is not enough reason to revoke custody.
- If the father wants to travel, he must get written consent from the mother who has custody.
- If the mother wants to travel, she can request temporary permission from the court, and may be asked to provide a guarantee, such as depositing her passport, to ensure the children return.
Yes. If the court rejected your first divorce because you couldn’t prove harm, you may refile. In such cases, the court might ask both sides to appoint family arbitrators or appoint them itself to try for reconciliation.
The best approach is to consistently provide proper care for your child covering health, education, and emotional needs. Courts look at school reports, medical records, and overall well-being. Neglect, poor grades, missed treatments, or negative behavior may lead to loss of custody before the official age limit.
You can immediately file a custody case with the Personal Status Court. Once you get a ruling, enforcement depends on the country where the children are, so you may need a lawyer there.
A divorced woman may be entitled to:
- Delayed dowry
- Maintenance during the waiting period (iddah)
- Alimony, depending on the type of divorce
- Reimbursement for expenses paid during marriage, if proven
She may also claim up to three years of unpaid maintenance. However, certain rights, such as waiting-period maintenance, apply mainly to Muslim women as they are based on Sharia.
Yes, you can. However, it’s wise to compare it with UAE law to see which offers stronger protections. Consulting both a Dubai-based lawyer and a lawyer from your home country will help you make an informed decision.
Yes. If you meet the legal conditions for custody and can show that the mother’s remarriage affects her ability to care for the children, you can apply for custody.
Yes. Custody doesn’t automatically shift when children reach those ages. The father must file a case and prove his eligibility. In many cases, the court may extend the mother’s custody if it benefits the child.
In most situations, no. If your wife lives outside the UAE and her address is known, the court here will generally not accept jurisdiction over the divorce case.
Yes. Custody arrangements are not permanent. If circumstances change such as neglect, abuse by a new spouse, or health problems affecting the mother the court can revisit custody to protect the child’s best interests.