Amicable Divorces in the UAE

تيم إليوت
مرحباً بك في لوجيكال, the UAE’s first and only legal podcast. My name’s Tim Elliott. لوجيكال comes to you from the Dubai-based legal firm HPL Yamalova & Plewka. As ever, here is Ludmila Yamalova, the Managing Partner. Good to see you.

لودميلا يامالوفا
Good to be here with you, Tim, as always.

This time, Ludmila, we’re going to take a look at not our divorce, but we’re looking at divorce once again.

تيم إليوت
We will never be divorced.

لودميلا يامالوفا
I know, I can’t get rid of you.

تيم إليوت
This time, however, and this is an interesting one, think: amicable divorce. Is there such a thing? We’ll find out. Divorce can be less than amicable. It’s often very difficult emotionally. Add the legal stresses, and it’s a tough time. However, that’s not always the case. Sometimes, both parties are able to recognize that it perhaps just wasn’t meant to be. They decide they’re better off separate from one another. So, let’s look at this. From a legal standpoint in the UAE, it’s a two-stage process, isn’t it?

لودميلا يامالوفا
Yes, indeed. First of all, as you rightly said, divorces are always very painful and complex, affecting many aspects of life. That’s just divorce as a concept or as an event in life. But the process of going through a divorce is so much more than just the event itself. Especially in legal practice, we see people that are just starting to consider divorce or have just begun the process. There’s a lot of emotion running high—for all the expected and human reasons. Often, what happens as a result is that people perhaps put logic and reason aside, at least temporarily, because the emotions are so intense. They want to fight, to go to battle, to roll up their sleeves and give it their all. That’s never really the preferred strategy, as any legal practitioner will tell you. It’s a difficult process in and of itself, and the event of a divorce only complicates things further. Wherever possible, we advise clients to amicably divorce, to try to agree on terms rather than having the court decide who gets what, how assets are divided, and how children are cared for. It’s so much better for the parties to engage their reason, set aside emotions, and work things out.

تيم إليوت
It’s a lot easier said than done, though, isn’t it?

لودميلا يامالوفا
Absolutely. But ultimately, it’s much more beneficial for everyone to try and agree amicably. As a lawyer, you have to empathize with what people are going through. But you also have to remind them, as gently as possible, that the emotions they’re feeling, while very natural and human, will fade with time—at least in intensity. I’ll tell you this: nine out of ten times, when parties absolutely refuse to consider an amicable settlement and prepare for a full-blown legal battle, they ultimately come back months later. They’re exhausted by the proceedings, the mudslinging, and the toll it’s taken on their lives. They end up agreeing on terms they could have settled on from the beginning.

تيم إليوت
It’s almost like divorcing your spouse also requires divorcing yourself from your emotions.

لودميلا يامالوفا
Exactly. Well said. It’s a Herculean task, but it’s in everyone’s best interest. If two people can manage to separate emotions from decisions, the process becomes so much smoother.

تيم إليوت
Let’s say two people decide they need to separate amicably. What are the first steps?

لودميلا يامالوفا
First, identify where the parties live. Divorce proceedings in the UAE depend on the Emirate you reside in. Each Emirate has its own court system. For example, in Dubai, you’ll go through the Dubai Courts. The next step is to activate your online court access. Most services, including filing for divorce, are now done online in Dubai. Through the personal status court portal, you’ll file a marital status mediation request, which is essentially the start of the divorce process. The court will then serve the other party, usually via phone, WhatsApp, SMS, or email. In amicable divorces, there’s typically no delay because both parties want to finalize the process. Next, the court schedules a mediation session, which is procedural rather than substantive. The mediator confirms whether mediation is possible. In amicable cases, the answer is no, and the case is transferred to the judge.

تيم إليوت
It sounds procedural, but it also sounds very straightforward.

لودميلا يامالوفا
Yes, it’s designed to be straightforward. Everything from mediator calls to hearing dates is accessible on the court portal, making the process very transparent. What surprises me, though, is how many people still assume that divorce has to be contentious and litigious. It doesn’t. Amicable divorces are encouraged, and the courts prefer settlements over litigation.

تيم إليوت
So, what does a good settlement agreement look like?

لودميلا يامالوفا
A settlement agreement is key. It doesn’t need to be drafted by a lawyer, but it must be clear, detailed, and cover the major issues: children, finances, and geography. For children, outline custody, guardianship, visitation, holidays, and schooling arrangements. For finances, detail how assets are divided and financial support responsibilities. For geography, include provisions for what happens if one parent decides to leave the UAE. You can also include specific clauses based on personal preferences, like religious upbringing, alcohol in the house, or introducing new partners to the children.

تيم إليوت
Once the agreement is finalized, what happens next?

لودميلا يامالوفا
The agreement must be legally translated into Arabic before submission to the court. The court will schedule a hearing, where both parties confirm their agreement. The court then issues two documents: the divorce decree, which finalizes the divorce, and the registered settlement agreement, which becomes enforceable in court. If either party defaults on the agreement later, it can be enforced through the courts.

تيم إليوت
It sounds like a structured process, but the key takeaway is the importance of a detailed and well-thought-out agreement.

لودميلا يامالوفا
Absolutely. The settlement agreement is the cornerstone of an amicable divorce. While the process is straightforward, the agreement ensures clarity and prevents future disputes.

تيم إليوت
هذه حلقة أخرى من لوجيكال, this time covering the legal steps to an amicable divorce in the UAE. Our legal expert, as always, Ludmila Yamalova, Managing Partner at Yamalova & Plewka. Thank you so much.

لودميلا يامالوفا
شكراً لك، تيم.

تيم إليوت
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