Know the law when it comes to expat divorce in the UAE

Sonny Patel, specialist expatriate divorce lawyer at Expatriate Law speaks to the National newspaper:

'A court’s ability to accept an application for divorce is called its “jurisdiction”. The choice of jurisdiction on divorce can have far-reaching implications financially.

For expats, there is usually a choice of jurisdiction in which a divorce may take place. Jurisdictions to consider would be that of the husband or wife’s home country (irrespective of where they now live), or the local UAE court.

Jurisdiction will largely depend on the nationality, domicile and habitual residence of both parties. Different definitions and rules apply depending on the law of the home country. For example, for British expats, divorce and financial matters can be dealt with through the English courts, without them even leaving the UAE. This is because proceedings can usually be issued in England based on the parties’ “domicile of origin” even for those who have lived abroad for years.

Here are the five major financial implications of the choice of jurisdiction on an expat divorce (for illustrative purposes UAE law is contrasted only with English law):

1. Division of capital and property

English law allows the courts a wide discretion to redistribute assets of spouses during a marriage breakdown, regardless of the origin and strict legal ownership of those assets. For example, assets acquired before the marriage or those inherited by one party can be vulnerable in a divorce. Ownership could be transferred from one spouse to the other or there could be an order for sale to divide proceeds.

Under UAE law each party simply retains the assets and property held in their names. If all property is held in one party’s sole name, the other cannot claim against that.'

Click here to read more.