Individuals who marry in the UAE but later obtain a divorce from a foreign court often assume that the foreign decree will automatically be recognised by UAE authorities. However, under UAE law, this is not the case. Where a marriage is registered in Dubai and the divorce is finalised in India, the divorce decree must undergo a formal attestation and legalisation process before it can have legal effect in the UAE.
For non-Muslim residents, matters relating to the recognition and enforcement of foreign court documents are governed by the UAE Civil Procedure Code. Federal Decree-Law No. (42) of 2022, which modernised the country’s civil procedural framework, sets out clear conditions for the enforcement of foreign judgments, orders and notarised instruments within the UAE.
Under Article 224 of the Civil Procedure Code, notarised foreign documents -- including divorce decrees -- may be enforced in the UAE, provided they meet the enforceability conditions applicable in the country where they were issued. Crucially, UAE courts must also be satisfied that the document does not conflict with public order or morals in the state.
In practical terms, this means that an Indian divorce decree cannot be used in the UAE unless it is duly attested by the competent authorities in India and legalised up to the UAE diplomatic mission there. Without this process, the decree will not be recognised by UAE courts or government entities, regardless of whether it is final and binding under Indian law.
Once attested, the foreign divorce decree may be submitted to the UAE execution judge through a formal petition, following the procedures prescribed for enforcing foreign judgments. The court will then assess whether all statutory conditions have been met before allowing the document to be relied upon for legal or administrative purposes.
This attestation requirement has wide-ranging implications. An un-attested divorce decree cannot be used in the UAE to update marital status records, amend residency or visa details, register a remarriage, or complete other civil and administrative procedures. In effect, a person may continue to be treated as legally married in the UAE unless the foreign divorce is properly recognised.
The rule underscores the UAE’s approach to legal certainty and procedural uniformity in cross-border family matters. While foreign judgments are recognised, they must pass through the prescribed legal channels to ensure authenticity, enforceability and compliance with UAE public policy.
For residents who have obtained divorces abroad after marrying in the UAE, timely attestation and legalisation of the divorce decree is therefore essential to avoid complications with immigration authorities, courts and other government bodies.
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