Steps to Issue a Declaration of Divorce in the UAE

The Declaration of Divorce in the UAE is a legal document signed by either or both spouses, acknowledging the occurrence of a divorce. This declaration is typically prepared by the husband, confirming that he has divorced his wife of his own free will, without coercion, and by Islamic and civil law.

As a licensed office providing private notary services, you can contact us now to issue the Declaration of Divorce quickly and online.

Importance of the Declaration of Divorce in the UAE

The Declaration of Divorce serves as vital proof of the divorce’s occurrence, particularly when it is properly documented and witnessed. It is a crucial means of evidence in court if there is a need to prove the divorce.

This is supported by Article 100 of the UAE Personal Status Law, which affirms that divorce can be proven before a judge through the testimony of witnesses or a declaration. The judge will issue a ruling after confirming the presence of either of these two conditions.

If the declaration is notarized by a private or public notary, it becomes an official document, which can only be contested by alleging forgery. The wife can submit the declaration to the Sharia court to establish the divorce.

Requirements for Writing a Declaration of Divorce in the UAE

To issue a Declaration of Divorce in the UAE, several conditions must be met:

• The husband must be legally and religiously competent to divorce.
• The husband must not be coerced into initiating the divorce.
• The husband must be of sound mind, free, and acting voluntarily.
• If the divorce is agreed upon amicably by both spouses, both must be capable of entering into contracts and relinquishing rights.
• The divorce must be based on a valid marriage contract.
• The declaration should not be contingent upon any condition unless the husband intends.
• The declaration should not be deferred to a future time.
• At least two witnesses must be present during the declaration.
• The divorce must be documented by an authorized entity, such as a private notary, public notary, or the court.

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Documents Required to Issue a Declaration of Divorce

The following documents are required to issue a Declaration of Divorce:

• Valid Emirates ID of the parties involved.
• Marriage contract.
• Summary of registration (for UAE nationals).
• Passport (for foreign residents).

Steps to Write a Declaration of Divorce in the UAE

The process to issue a Declaration of Divorce includes the following steps:

1. Agreement on Divorce Terms: Both spouses must agree on the terms of the divorce, including the rights resulting from it, such as child custody, alimony, housing rights, and others.
2. Notification: If the husband divorces his wife unilaterally and wishes to acknowledge the divorce, he must inform her and ensure that she is aware of the divorce.
3. Notary Public Contact: The couple must contact a private notary public, such as our office, to initiate the process.
4. Meeting with Notary: The couple will meet with the notary, either in person or via digital platforms like Google Meet.
5. Drafting and Review: The notary will draft the declaration based on the couple’s agreed terms and ensure they fully understand the contents.
6. Signing: Both the husband and wife will sign the declaration in the presence of two witnesses.
7. Certification: The notary will certify the declaration, and it will be documented with the relevant authorities to ensure its legal validity.

Sample Declaration of Divorce in the UAE

Below is a sample Declaration of Divorce in the UAE:

Declaration of Divorce in the UAE

I, the undersigned:

Name: ____________
Nationality: ____________
Emirates ID Number: ____________
Address: ____________

Declare that, with full legal and religious capacity, I have divorced my wife, Mrs. ____________
Nationality: ____________
Emirates ID Number: ____________
Address: ____________
Whom I married under marriage contract No. _________, dated _________

I acknowledge that this divorce is the first instance of divorce, and I have not reconciled with her during the waiting period, either verbally or in action.

As evidence of this, I sign this declaration.

Name: ____________
Signature: ____________
Date: ____________

Frequently Asked Questions About the Declaration of Divorce in the UAE

Q: Why is it important to consult a lawyer when drafting a Declaration of Divorce?

It is crucial to consult a lawyer when preparing a Declaration of Divorce in the UAE because the lawyer is trained to draft the document by the UAE’s Personal Status Law, which governs both Emirati citizens and foreign Muslims subject to Federal Law No. 28 of 2005.

Contact Us for Your Declaration of Divorce in the UAE

Our office is federally licensed across the UAE and provides private notary services in Dubai . With years of experience helping clients prepare and certify personal declarations, we are committed to offering the best legal services for divorce proceedings.

If you are seeking reliable legal services for a Declaration of Divorce or notarizing personal documents, don’t hesitate to reach out to us using the contact information provided on our Contact Us page.

Sources:

• UAE Personal Status Law