It is no secret the UAE has the highest rate of divorce in the region, with Dubai taking first place within the country. In 2012, Dubai alone recorded 1,129 divorces, with divorce among Emiratis making up one-third of all separations.
Various reasons for the high rates of divorce in the country have been cited including marital infidelity, poor communication, job loss or financial strain, social media, religious and cultural differences and unrealistic expectations.
But when a partnership breaks down, how should a couple go about making their separation official?
Divorce among Muslim couples
Islamic marriages, by and large, are governed by Sharia law. In Dubai, the first step in filing for divorce is to register the case at the Moral and Family Guidance Section of the Dubai Courts. Attempts to reconcile divorcing parties will be made with the guidance of an appointed counsellor. If both parties are adamant about the divorce, then the case is forwarded to the courts. Situations when one desires to reconcile while the other doesn’t will still end up being forwarded to the courts.
Divorce among expats
Non-Muslims and other expats can file for divorce in their home country (domicile) or apply for divorce in the UAE. Non-Muslims who married in the country can divorce under their own country’s laws.
Matters become complicated, though, when the divorcing couple, even if both citizens of the same foreign country, decide to have the local courts facilitate their divorce. Problems regarding child support, custody, alimony and the division of assets can be a big headache when the divorce laws in their country of origin do not coincide with Sharia laws. It must be noted that when the local courts are summoned to decide on divorce proceedings between expats, Sharia laws may prevail over that of their home country.
This can lead the aggrieved party, or the one losing out more financially, to seek an appeal or proper financial settlement in their home country, which will then begin another cycle of financial, emotional and physical challenges.
Things can also take a turn for the worse if the parties come from two different countries and cannot decide where they will apply for divorce. Imagine a scenario where the local courts are made to decide, and both parties are unhappy about the outcome. This could lead to further legal struggles on both sides.
The divorce process and costs
When arranging a divorce, seek the advice of a specialist divorce lawyer (with knowledge of local Sharia law). A divorce questionnaire is usually completed to give the lawyer an idea of where the divorce can take place and costs. Jurisdiction has an impact on divorce and financial settlements, so this has to be considered from the outset. For example in local Sharia courts, a wife cannot claim maintenance from her husband but can through UK courts.
The professional fees for an amicable, uncontested divorce ranges from approximately Dh8,000 to Dh12,000. Disbursements are in addition.
Divorce is separate to financial settlement, which is billed in addition.
How long it takes
This usually depends on the complexity of the matter but can be three to six months, sometimes more, depending on the case. For example, divorce proceedings in Dubai are quicker than in the UK.
Because divorce cases in the UAE are governed by the Islamic Sharia law, it can be difficult for the estranged couple to separate as the judge must be fully convinced the marriage will not work.
Once you have decided to apply for divorce, establish you are of sound mind and able to make your own choices. The matter is then registered at the Moral and Family Guidance Section at the Dubai Court. Shortly afterwards, a counsellor meets the couple to discuss their problems to see if there is any chance of reconciliation, before beginning the divorce process.
If the couple, or either of them, still insist on divorce, the application will be forwarded to a judge at court to obtain his decision on the divorce.
If the couple are both Muslims and residents in the UAE, Sharia/UAE law will most likely be applied to their divorce. The same is likely if the husband is a Muslim and the woman a non-Muslim.
Find a peaceful conclusion
Engaging lawyers will help ensure a warring couple have an orderly parting, and that any children borne out of their union (or adopted in the course of their marriage) are fairly protected. The best recourse is doing everything you can to arrive at an amicable settlement with your soon-to-be ex.
Nita Maru is a solicitor and managing partner of TWS Legal Consultants in Dubai
Follow us on Twitter @TheNationalPF
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UAE currency: the story behind the money in your pockets
Mercer, the investment consulting arm of US services company Marsh & McLennan, expects its wealth division to at least double its assets under management (AUM) in the Middle East as wealth in the region continues to grow despite economic headwinds, a company official said.
Mercer Wealth, which globally has $160 billion in AUM, plans to boost its AUM in the region to $2-$3bn in the next 2-3 years from the present $1bn, said Yasir AbuShaban, a Dubai-based principal with Mercer Wealth.
“Within the next two to three years, we are looking at reaching $2 to $3 billion as a conservative estimate and we do see an opportunity to do so,” said Mr AbuShaban.
Mercer does not directly make investments, but allocates clients’ money they have discretion to, to professional asset managers. They also provide advice to clients.
“We have buying power. We can negotiate on their (client’s) behalf with asset managers to provide them lower fees than they otherwise would have to get on their own,” he added.
Mercer Wealth’s clients include sovereign wealth funds, family offices, and insurance companies among others.
From its office in Dubai, Mercer also looks after Africa, India and Turkey, where they also see opportunity for growth.
Wealth creation in Middle East and Africa (MEA) grew 8.5 per cent to $8.1 trillion last year from $7.5tn in 2015, higher than last year’s global average of 6 per cent and the second-highest growth in a region after Asia-Pacific which grew 9.9 per cent, according to consultancy Boston Consulting Group (BCG). In the region, where wealth grew just 1.9 per cent in 2015 compared with 2014, a pickup in oil prices has helped in wealth generation.
BCG is forecasting MEA wealth will rise to $12tn by 2021, growing at an annual average of 8 per cent.
Drivers of wealth generation in the region will be split evenly between new wealth creation and growth of performance of existing assets, according to BCG.
Another general trend in the region is clients’ looking for a comprehensive approach to investing, according to Mr AbuShaban.
“Institutional investors or some of the families are seeing a slowdown in the available capital they have to invest and in that sense they are looking at optimizing the way they manage their portfolios and making sure they are not investing haphazardly and different parts of their investment are working together,” said Mr AbuShaban.
Some clients also have a higher appetite for risk, given the low interest-rate environment that does not provide enough yield for some institutional investors. These clients are keen to invest in illiquid assets, such as private equity and infrastructure.
“What we have seen is a desire for higher returns in what has been a low-return environment specifically in various fixed income or bonds,” he said.
“In this environment, we have seen a de facto increase in the risk that clients are taking in things like illiquid investments, private equity investments, infrastructure and private debt, those kind of investments were higher illiquidity results in incrementally higher returns.”
The Abu Dhabi Investment Authority, one of the largest sovereign wealth funds, said in its 2016 report that has gradually increased its exposure in direct private equity and private credit transactions, mainly in Asian markets and especially in China and India. The authority’s private equity department focused on structured equities owing to “their defensive characteristics.”
At a glance
Global events: Much of the UK’s economic woes were blamed on “increased global uncertainty”, which can be interpreted as the economic impact of the Ukraine war and the uncertainty over Donald Trump’s tariffs.
Growth forecasts: Cut for 2025 from 2 per cent to 1 per cent. The OBR watchdog also estimated inflation will average 3.2 per cent this year
Welfare: Universal credit health element cut by 50 per cent and frozen for new claimants, building on cuts to the disability and incapacity bill set out earlier this month
Spending cuts: Overall day-to day-spending across government cut by £6.1bn in 2029-30
Tax evasion: Steps to crack down on tax evasion to raise “£6.5bn per year” for the public purse
Defence: New high-tech weaponry, upgrading HM Naval Base in Portsmouth
Housing: Housebuilding to reach its highest in 40 years, with planning reforms helping generate an extra £3.4bn for public finances
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Election pledges on migration
CDU: "Now is the time to control the German borders and enforce strict border rejections"
SPD: "Border closures and blanket rejections at internal borders contradict the spirit of a common area of freedom"
German intelligence warnings
- 2002: "Hezbollah supporters feared becoming a target of security services because of the effects of [9/11] ... discussions on Hezbollah policy moved from mosques into smaller circles in private homes." Supporters in Germany: 800
- 2013: "Financial and logistical support from Germany for Hezbollah in Lebanon supports the armed struggle against Israel ... Hezbollah supporters in Germany hold back from actions that would gain publicity." Supporters in Germany: 950
- 2023: "It must be reckoned with that Hezbollah will continue to plan terrorist actions outside the Middle East against Israel or Israeli interests." Supporters in Germany: 1,250
Source: Federal Office for the Protection of the Constitution
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The smuggler
Eldarir had arrived at JFK in January 2020 with three suitcases, containing goods he valued at $300, when he was directed to a search area.
Officers found 41 gold artefacts among the bags, including amulets from a funerary set which prepared the deceased for the afterlife.
Also found was a cartouche of a Ptolemaic king on a relief that was originally part of a royal building or temple.
The largest single group of items found in Eldarir’s cases were 400 shabtis, or figurines.
Khouli conviction
Khouli smuggled items into the US by making false declarations to customs about the country of origin and value of the items.
According to Immigration and Customs Enforcement, he provided “false provenances which stated that [two] Egyptian antiquities were part of a collection assembled by Khouli's father in Israel in the 1960s” when in fact “Khouli acquired the Egyptian antiquities from other dealers”.
He was sentenced to one year of probation, six months of home confinement and 200 hours of community service in 2012 after admitting buying and smuggling Egyptian antiquities, including coffins, funerary boats and limestone figures.
For sale
A number of other items said to come from the collection of Ezeldeen Taha Eldarir are currently or recently for sale.
Their provenance is described in near identical terms as the British Museum shabti: bought from Salahaddin Sirmali, "authenticated and appraised" by Hossen Rashed, then imported to the US in 1948.
- An Egyptian Mummy mask dating from 700BC-30BC, is on offer for £11,807 ($15,275) online by a seller in Mexico
- A coffin lid dating back to 664BC-332BC was offered for sale by a Colorado-based art dealer, with a starting price of $65,000
- A shabti that was on sale through a Chicago-based coin dealer, dating from 1567BC-1085BC, is up for $1,950
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