What are the procedures for divorce in Qatar?

Qatar is a country that hosts many expatriates who come to work and live in its modern and prosperous society. However, not all marriages last, and some couples may decide to end their relationship and seek a divorce. In this article, we will explain the divorce law in Qatar, the legal grounds and procedures for divorce, and the implications for child custody and financial support.

What is the divorce law in Qatar?

Divorce law in Qatar is based on Islamic Sharia law, which governs family matters for Muslims. However, non-Muslim expats can also file for divorce in Qatar, and they have the option to apply the laws of their home country or the laws of the husband's home country within the Qatari courts.

The main legislation that regulates divorce in Qatar is the Family Law 22 of 200634, which covers various aspects of marriage and divorce, such as:

• The types and conditions of marriage contracts
• The rights and duties of spouses
• The dissolution of marriage by divorce, annulment, or death
• The effects of divorce on children, property, and inheritance
• The maintenance and alimony payments
• The reconciliation and mediation services

The Family Law 22 of 2006 applies to all Muslim expats who file for divorce in Qatar. However, if there are any gaps or ambiguities in the law, the Qatari courts may refer to other sources of Sharia law, such as the Quran, the Sunnah, or the opinions of jurists.

What are the legal grounds for divorce in Qatar?

According to the Family Law 22 of 2006, there are two types of divorce in Qatar: consensual and non-consensual.

Consensual divorce is when both spouses agree to end their marriage by mutual consent. They can do so by signing a written agreement that states their reasons for divorce and their arrangements for child custody, financial support, and property division. They can also choose to waive their rights to maintenance or compensation. The agreement must be approved by a judge at the Family Court.

Non-consensual divorce is when one spouse files for divorce without the consent of the other. In this case, the spouse who files for divorce must provide a valid reason for doing so, along with evidence to support their claim. The Family Law 22 of 2006 lists several reasons for non-consensual divorce, such as:

• Adultery: If one spouse commits adultery or engages in any immoral act that violates the sanctity of marriage.
• Harm: If one spouse causes physical or mental harm to the other spouse or their children, or exposes them to danger or corruption.
• Defect: If one spouse suffers from a defect that prevents them from fulfilling their marital duties or affects their health or appearance.
• Absence: If one spouse abandons the other spouse without a valid reason for more than a year.
• Imprisonment: If one spouse is sentenced to imprisonment for more than three years.
• Disobedience: If one spouse disobeys the other spouse's lawful orders or neglects their marital obligations.
• Incompatibility: If one spouse has an incompatible temperament or attitude with the other spouse that makes cohabitation impossible.
• Apostasy: If one spouse renounces Islam or converts to another religion.

The judge at the Family Court will examine the case and try to reconcile the spouses before granting a divorce. If reconciliation fails, the judge will issue a divorce decree based on the evidence and circumstances of the case.

What are the procedures for divorce in Qatar?

The procedures for divorce in Qatar depend on whether it is consensual or non-consensual.

For consensual divorce, the spouses can hire lawyers to draft an agreement that covers all aspects of their divorce. They can also seek help from a mediator or a reconciliation committee at the Ministry of Justice. Once they have reached an agreement, they can submit it to the Family Court for approval. The judge will review the agreement and ensure that it complies with Sharia law and that it protects the rights and interests of both spouses and their children. If the judge approves the agreement, he will issue a divorce certificate that confirms the dissolution of marriage.

For non-consensual divorce, one spouse must file a lawsuit at the Family Court against the other spouse. The plaintiff must state their reason for divorce and provide evidence to support their claim.

Disclaimer: This article provides general information and should not be construed as legal advice. Please consult with a qualified and experienced Lawyer for personalized guidance regarding your specific situation.