Adv. Anjana Bhatia D.I is an accomplished Indian Lawyer practicing in India and the UAE. Over 25 years of experience in Law – Litigation, Corporate, Civil, Criminal, Mediation as well as registered with DIFC Wills and Probate Registry. Legal solutions to clients globally with strategic results.
Adv. Anjana Bhatia D.I. speaks EXCLUSIVELY to Emirates Reporter on : Mutual Divorce & Overview
ER- What is mutual divorce procedure in Dubai for Expat?
ADV. ANJANA- Mutual divorce is when the couple ends their marriage mutually on custody, maintenance support, and asset division etc. Couples can file a joint petition with a support of a legal professional at the Personal Status Court, Dubai. They may attend mediation via Family Guidance or a court-appointed conciliator on agreed terms documented then submit to the judge for the divorce approval.
ER- What are the documents required to file for mutual divorce?
ADV. ANJANA- An attested marriage certificate (Legal translation in Arabic), passports & Emirates IDs copies of parties involved, children’s birth certificates in case of custody, proof of residence, financial documents for maintenance support &/ or assets ownership documents. All foreign documents legal translation in Arabic is required (duly attested if required).
ER- What legal rights are granted to a wife in a divorce?
ADV. ANJANA- A wife can file for divorce and claim maintenance for essentials like food, housing, medical care, etc for self. In case involving children, she may receive primary custody (if minor & girl child) as well as claim expenses & custody. Maintenance support may end if she remarries & loses children custody. Custody may be denied if the child is not minor &/ or if the mother is deemed unfit. The above – Courts prioritizes in child’s best interests.
ER- What rights does a husband have in divorce proceedings under law?
ADV. ANJANA- The husband can retain guardianship of the children, major decisions on their welfare, provide financial support to his wife and children (condition apply). The father may demand custody if the child is not minor &/ or if the mother is deemed unfit.
ER- How are child custody, legal guardianship, and visitation rights managed?
ADV. ANJANA- Custody covers day-to-day care, while guardianship covers major decisions like schooling, health and religion. Children can express a living preference in their best interest once major &/ or Courts deem fit. Courts may restrict custody in cases of abuse, neglect, or incapacity.
ER- Who is the custodian of child’s passport and travel?
ADV. ANJANA- The father, as natural guardian, is the custodian of the child’s passport and must approve travel, while the mother holds Emirates ID documents but cannot take the child abroad without fathers consent. If he refuses, she can seek a court order. Misuse of documents can lead to fines or imprisonment.
“The above is a general overview; outcomes differ from case to case and are subject to the discretion of the concerned authorities.”
ADVOCATE ANJANA BHATIA D.I CAN BE CONTACTED AT-
Mobile: +971505944896 & +971555944896
Website: anjana@ajureadvocates.com
Email- anjana.law@gmail.com
