Service of family proceedings in Dubai and the UAE

Service of family proceedings in Dubai and the United Arab Emirates

Rule 6.43 of the Family Procedure Rules 2010 requires that service of court papers abroad must take place: 

• In accordance with the Service Regulation (Regulation (EC) No 1393/2007); or
• Through foreign governments, judicial authorities and British Consular authorities; or
• In accordance with the laws of Dubai in relation to service.

Service in accordance with the Service Regulation is not possible on another party in Dubai or elsewhere in the United Arab Emirates as they are not member states of the European Union.

Service through the UK Foreign Office is complicated and involves many delays. As at April 2012 the relevant section of the High Court in London was quoting upwards of 8 months to effect service.

The third option is to serve in accordance with the laws in Dubai. All issued Court proceedings in Dubai are served directly by the Court staff or Court notaries. Guidance is given at Articles 1 to 10 of the Federal Law No 11 for the year 1992. These articles set out how service (announcement) takes place through the Dubai Courts. Although the laws do not specify how foreign proceedings should be served, they helpfully elaborate on permitted methods of service in Dubai.  

It is clear from these laws that documents are deemed effectively served as long as they have been delivered to the Respondent after 7am and before 6pm (Article 6) and not on official vacation days (Fridays or public holidays). Article 8 sets out how service can take place if the Respondent cannot be found. Although service of court documents in Dubai is carried out by the Courts, it appears from these statutory provisions that service is effective as long as the Respondent has notice of the proceedings. It therefore appears that personal service of English divorce proceedings, would be service in accordance with the laws in Dubai subject to due compliance with articles 6 to 8 of the Federal Law 11 of 1992. Personal service of court documents can, and often does, take place in Dubai by courier delivery.

Another option is to request the Dubai Court Notaries to serve English Court documents on a Respondent in Dubai. The Court Notaries have their own section on the Dubai Court website (www.dubaiCourts.gove.ae). The Dubai Court Notaries are however likely to insist that all documents are translated into Arabic and this can add considerably to the legal costs.

We have had success in obtaining an English court order permitting due service of English divorce papers on a party in Dubai by methods compliant with local Dubai law.