Question: I got married in Dubai, but my divorce was finalised in an Indian court. Do I need to have the divorce attested in the UAE?
Answer: It is assumed that you are a non-Muslim resident; therefore, the provision of the UAE civil procedure code is applicable.
A notarised foreign document may be enforced in the UAE in accordance with Article 224 of Federal Decree-Law No. (42) of 2022 Promulgating the Civil Procedure Code, Chapter 4: Execution of Foreign Judgements, Orders and Instruments of the UAE Civil Procedure Code (UAE Civil Procedure Code), which states,
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“1. An order may be made for the enforcement in the State of notarised documents and Memoranda of Composition certified by the courts of a foreign country on the same conditions laid down in the laws of that country for the enforcement of similar instruments issued in the State.
2. An application for an enforcement order in Clause (1) of this Article shall be requested by means of a petition submitted to the Execution Judge with the same procedures and conditions stipulated in Clause (2) of Article [222] of this Code.
No order for enforcement may be made until after it has been ascertained that the conditions for the enforceability of the document or memorandum have been satisfied in accordance with the law of the country in which it was notarised or certified and that it contains nothing contrary to morals or public order in the state.”
Your marriage was registered in Dubai, and the divorce was subsequently obtained from an Indian court; therefore, the Indian divorce decree must therefore be duly attested and legalised up to the UAE diplomatic mission in India before it can be recognised by UAE courts or authorities for any purposes such as updating marital status records, residency, remarriage, or other civil and administrative matters.
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: [email protected] or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.
