If either spouse lives in the UAE, a mutual consent divorce under section 13B of the Hindu Marriage Act or the Special Marriage Act can be filed in India through attested powers of attorney and video appearance. A contested divorce is also possible. A UAE divorce, including one under the civil personal status law for non-Muslims, is recognised in India only if it meets section 13 CPC and the Narasimha Rao tests, which many do not.
- Document route
- UAE notary, MOFA attestation, then Indian Embassy or Consulate attestation
- Time difference
- IST is 1h30 ahead of UAE time all year (no daylight saving)
- Main laws
- Hindu Marriage Act 1955, Special Marriage Act 1954
- Mutual consent
- Section 13B, after 1 year of separation
Divorce for NRIs from the UAE: how it works
For mutual consent, we draft the petition and a settlement covering alimony, stridhan, custody and any jointly owned property in India or the UAE. Each spouse signs supporting affidavits and a power of attorney, either at the Indian mission or through a UAE notary with MOFA and mission attestation. The petition is filed in the family court where the marriage was solemnised, where the couple last lived together in India, or where the wife resides. Courts generally allow statements to be recorded by video from the Emirates.
The six-month cooling-off period can be waived by the court where the couple has lived apart for over a year and settlement is complete, following the Supreme Court's decision in Amardeep Singh v. Harveen Kaur. A contested petition takes far longer and may need personal attendance at evidence. Remember that India is not a party to the Hague Child Abduction Convention, so custody arrangements for children living in the UAE should be written carefully and, where possible, reflected in orders in both countries.
What clients in the UAE should know
- A divorce granted under UAE civil family law on a no-fault basis may not dissolve a Hindu marriage in the eyes of Indian law if the Indian spouse did not participate.
- Settlement amounts paid from a UAE account to a spouse in India should be documented in the decree to avoid later claims of non-payment.
- For Muslim couples, talaq or khula pronounced or recorded in the UAE raises separate recognition questions, and we advise on these case by case.
Step by step from the UAE
Video consultation
A call at a time that suits the UAE, after we have read your documents.
Documents signed in the UAE
UAE notary, MOFA attestation, then Indian Embassy or Consulate attestation
Work in India
Our team files, appears and follows up in India, and shares scans of everything filed.
Result and handover
Certified copies and originals are couriered to you in the UAE where needed.
The full guide
This page covers what changes when you are in the UAE. For the law, the documents and the step-by-step procedure, read our main page on Divorce for NRIs, or see all services for clients in the UAE and the Cross-Border Family Law practice area.
Questions from clients in the UAE
Can both of us stay in Dubai and still divorce in India?
Usually yes. With attested powers of attorney and video appearance, many family courts allow a mutual consent divorce without either spouse travelling, though practice varies by court.
We married in a Dubai court. Can we divorce in India?
If the marriage was under a UAE law and neither the Hindu Marriage Act nor the Special Marriage Act applies, Indian jurisdiction needs careful analysis. Send us the marriage certificate first.
Will my Indian divorce decree be accepted in the UAE?
An Indian decree generally needs attestation by the Ministry of External Affairs and the UAE Embassy in India before UAE authorities act on it.