A Guide Between an Annulment and a Divorce

For many people, divorce and annulment seem to be synonymous. However, there is a world of difference between the two and the best lawyer in Dubai can discuss this with you.

Whether you are contemplating to end your marriage or you simply want to know the difference between annulment and divorce, you would be interested in reading this article.

What is divorce in the UAE?

Around the world, divorce basically means legally ending a marriage before the death of either spouse. However, in the UAE, there are a few things you need to know about divorce.

Because of the many expats and non-Muslims living in the UAE, there are different sets of divorce law. In some cases, you would need the help of international law firms in Dubai to know exactly what to do.

If both the husband and wife are UAE residents and Muslims, the Sharia law will most likely apply.

If the couple is non-Muslims, they can request that the divorce law of their home country would be applied in their situation.

There are different grounds for divorce. This includes physical and mental abuse, desertion, and adultery to name a few. Typically, the complainant should produce pieces of evidence to support the claim.

What is annulment in the UAE?

Annulment in the UAE basically declares a marriage as legally invalid. In the UAE, particularly in Dubai, the courts have approved the creation of certificate for annulment between non-Muslims and Muslims alike.

Some of the grounds for annulment involve the following:

• Failure to reveal important facts such as a secret child, disease, or relationship
• The husband or wife was tricked or forced to get married
• The husband or wife wasn’t in their right mind when the marriage took place
• Bigamy
• Not of legal age
• And others.

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What Happens If I Don’t Sign the Divorce Papers?

Marriages are failing – at least that’s the recent trend in the UAE. For example, in 2016, Dubai has seen almost 1,400 cases of divorce. The same is true in Abu Dhabi where divorce is not just increasing, but the number of people getting married is also decreasing. If you are one of the people who is seeking a divorce, then you would need the help of a divorce attorney in Dubai.

Divorce is a difficult process since it has a lot of complications and issues that come with it. Among them is having an uncooperative spouse. Having a spouse who does not want to sign a divorce paper could further worsen the situation. When this happens, what can you do and what will happen to a divorce case?

There are a lot of ways that a spouse may refuse to sign your divorce paper. Some simply don’t want to sign no matter how hard you convince them. Others deliberately fail to respond to a divorce request. Some would even go the length of hiding and make it difficult for them to receive divorce documents. The best lawyer in Dubai could help you deal with this problem.

Now, when one spouse does not want to cooperate then a request to enter a default divorce could be a solution. The court would prepare an order where divorce proceedings would still continue with or without the cooperation of the other party.

The court would need to decide how it will proceed and carry out eventual enforceability of an order. The process could become complicated if one of the parties is outside of the UAE. Thus, consideration would not only include the value of assets involved, the guardianship or custody of the children, but also the possibility of how to enforce court orders abroad.

It would be a good idea to understand what happens if you or your spouse refuses to sign divorce papers or even challenge the divorce case. If you fail to respond to court hearings, you are basically giving up your right of influencing the result of your divorce case. There are legal firms in Dubai who can help you understand your rights and responsibilities. So, be sure to visit one of them.

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