What Happens if One Spouse Refuses Divorce in the UAE?

Divorce is never an easy decision, and the process can become even more complicated when one spouse refuses to consent. In the UAE, family law provides clear procedures for divorce, but cultural sensitivities and legal nuances mean that both parties must navigate the system carefully. Understanding what happens in such situations is essential—and this is where the guidance of an experienced family lawyer becomes invaluable.

Can a Spouse Refuse Divorce in the UAE?

In the UAE, a spouse cannot permanently prevent the other from seeking a divorce. If one party insists on ending the marriage, the courts have the authority to grant it—even if the other spouse does not agree. However, the process may take longer and involve mediation and court hearings to resolve disputes over custody, financial support, or asset division.

The Divorce Process When One Spouse Objects

1. Mediation at the Family Guidance Committee:
   Divorce cases usually begin with mandatory mediation sessions. A counselor attempts to reconcile the couple. If one spouse refuses divorce, these sessions give them an opportunity to voice their concerns. If reconciliation fails, the case moves to court.
2. Court Proceedings:
   The spouse seeking divorce can file a petition in court. Even if the other spouse contests, the court examines the grounds—such as incompatibility, harm, or irreconcilable differences—and may grant the divorce.
3. Custody & Financial Matters:
   The court separately decides on child custody, alimony, and division of assets. A spouse’s refusal to divorce does not mean they automatically gain custody or financial advantage; the court prioritizes fairness and the welfare of children.
4. Applicable Law for Expats:
   Non-Muslim expatriates in the UAE can request the application of their home country’s laws for divorce. A family lawyer helps determine which option offers the most protection.

Why Legal Support Is Critical

When one spouse refuses divorce, emotions run high and disputes often escalate. Having a family lawyer ensures:

• Proper legal representation in court.
• Protection of financial and custodial rights.
• Smooth handling of cross-border law issues for expatriates.
• Faster resolution by avoiding procedural mistakes.

How Saif Al Shamsi and TLG: The Legal Group Help

Saif Al Shamsi, founder of TLG: The Legal Group, is a recognized authority in UAE family law. He and his team provide strategic legal advice and compassionate support to clients facing contested divorces. From guiding through mediation to representing clients in court, TLG ensures that rights are safeguarded and the process is handled with professionalism.

For expatriates, Saif Al Shamsi also assists in applying foreign laws where beneficial, while ensuring compliance with UAE procedures. His expertise helps clients overcome the challenges of a contested divorce with clarity and confidence.

Conclusion

A spouse’s refusal to divorce in the UAE may complicate the process, but it cannot stop it altogether. With the right legal guidance, individuals can navigate the system effectively while protecting their rights and interests. With experts like Saif Al Shamsi and TLG: The Legal Group, clients gain the assurance of professional support through one of life’s most difficult transitions.