How To Get Divorce In Qatar? Laws and Procedure

Divorce in Qatar is governed by Family Law No. 22 of 2006, which is based on Islamic Sharia principles. The process can be complex, especially for expatriates, and involves several legal considerations.

This complete guide will walk you through the entire process of obtaining a divorce in Qatar.

Legal Framework for Divorce in Qatar

Qatar’s Family Law No. 22 of 2006 provides the primary legal basis for divorce proceedings in the country. This law applies to both Qatari citizens and expatriates residing in Qatar. Key aspects of the legal framework include:

Definition of Divorce

Article 106 of the Family Law defines divorce as the dissolution of a proper marriage contract when expressed in the Islamic formula for divorce.

Methods of Divorce

According to Article 107, divorce can be effected through:

• Express pronouncement
• Writing
• Understandable gesture (if unable to speak or write)

Invalid Divorce Conditions

Article 108 outlines situations where a divorce may not take effect:

• If it is equivocal or conditional
• For a wife who has consummated her marriage, during Iddat or menstruation cycle
• On breaking an oath to divorce or “tahreem” (considering the wife as forbidden)

Types of Divorce in Qatar

There are two main types of divorce in Qatar:

1. Divorce by mutual consent
2. Contested divorce

Divorce by Mutual Consent

This is generally the quickest and least complicated way to end a marriage in Qatar. The process involves:

1. Both spouses agreeing to the divorce
2. Drafting a written agreement detailing the terms of the divorce
3. Submitting the agreement to the Family Court
4. Attending a court hearing together
5. Receiving the divorce judgment

Contested Divorce

When spouses cannot agree on the terms of their divorce, a contested divorce becomes necessary. This process is more complex and time-consuming, involving:

1. Filing a divorce petition stating the grounds for divorce
2. Serving the petition to the other spouse
3. Attending multiple court hearings
4. Presenting evidence and witnesses
5. Receiving the court’s judgment

Legal Grounds for Divorce in Qatar

The acceptable reasons for divorce differ between Muslim and non-Muslim couples:

For Muslim Couples:

• Lack of financial support
• Abandonment
• Physical or emotional abuse
• Adultery
• Impotence or infertility
• Imprisonment of the spouse
• Incurable illness

For Non-Muslim Couples:

• Irreconcilable differences
• Adultery
• Desertion
• Cruelty
• Separation for a specified period

The Divorce Process in Qatar

1. Consultation with a Lawyer: It’s advisable to consult with a qualified lawyer specializing in Qatari family law.
2. Attempt at Reconciliation: The court encourages couples to attempt reconciliation before proceeding with a divorce. This step is mandatory for Muslim couples.
3. Filing the Divorce Petition: If reconciliation fails, a divorce petition is filed with the Family Court, including:
   • Personal details of both spouses
   • Marriage certificate
   • Grounds for divorce
   • Any supporting evidence
4. Court Proceedings: The court sets a date for the first hearing, which may involve:
   • Presentation of evidence
   • Witness testimonies
   • Arguments from both parties’ lawyers
5. Judgment: After considering all evidence and arguments, the judge issues a judgment.
6. Appeal (if necessary): Either party can appeal within 15 days of the verdict if dissatisfied.

Legal Considerations in Qatari Divorce

Types of Divorce (Article 111):

1. Revocable divorce: Does not end the marriage contract until the expiration of the Iddat waiting period.
2. Irrevocable divorce: Ends the marriage contract immediately and can be:
   • Minor disunion: The divorced woman may not remarry her ex-husband except by a new contract and dowry.
   • Major disunion: The divorced woman may not remarry her ex-husband until after the expiry of her Iddat period by a second proper marriage actually consummated according to Sharia law.

Revocation Rights (Article 116)

According to Article 116, A husband has the right to revoke a revocable divorce before the expiry of the wife’s Iddat period.

Pronouncement of Divorce (Article 113)

Divorce may occur by the husband formally pronouncing it before the Judge. The Judge must attempt reconciliation before ordering such pronouncement.

Court Orders (Article 114)

After pronouncement of divorce, the Judge must make orders regarding:

• Alimony for the wife during her Iddat
• Child support
• Child custody and visitation rights

Enjoyment Compensation (Article 115)

A divorced woman is entitled to enjoyment compensation if the divorce is made by the husband without any fault on her part. This compensation is assessed based on the husband’s wealth and the wife’s status, not exceeding three years of her alimony.

Child Custody and Support

Child custody is a crucial aspect of divorce proceedings in Qatar, especially for couples with minor children.

Custody Laws in Qatar

• The mother typically gets custody of young children
• Boys usually stay with their mother until age 13
• Girls usually stay with their mother until marriage
• The father retains guardianship rights

Factors Considered in Custody Decisions

• Age of the children
• Religion of the parents
• Financial stability
• Moral character of the parents
• Living conditions

Child Support

The non-custodial parent is generally required to pay child support. The amount is determined based on:

• Income of both parents
• Number of children
• Standard of living of the family before divorce

Property Division and Alimony

Qatar follows Islamic law principles for property division and alimony in divorce cases.

Property Division

• Each spouse retains their personal property
• Joint property is divided according to contribution
• The wife keeps her dowry (mahr)

Alimony (Spousal Support)

• Known as “nafaqa” in Islamic law
• Typically paid by the husband to the wife
• Duration and amount depend on various factors

Divorce for Expatriates in Qatar

Expatriates living in Qatar have some unique considerations when it comes to divorce.

Applying Home Country Laws

Non-Muslim expatriates can choose to apply their home country’s laws for divorce proceedings. However, this option may have limitations, especially regarding child custody and property division.

Residency Issues

Expatriates should be aware that their residency status may be affected by divorce, especially if they are sponsored by their spouse.

Recognition of Foreign Divorces

Qatar generally recognizes divorces granted in other countries, provided they do not contradict Qatari public policy or Sharia principles.

Timeline and Costs

• Mutual consent divorce typically takes 1-3 months
• Contested divorce can take 6-18 months or longer
• Costs include court fees, legal fees, and potentially expert witness fees or property valuation costs

Authentication Process for Non-Muslim Divorce Contracts in Qatar

The Ministry of Justice in Qatar offers a service for authenticating divorce contracts of non-Muslim couples. This process can be initiated online through the Sak portal on Hukoomi or in person at any single window OSS branch affiliated with the ministry. To apply online, individuals must log in to the Sak portal, select the “Authenticate Divorce Contract for Non-Muslims” service, and provide necessary details such as personal identification, contract information, and additional agreed-upon items.

The required documents include personal identification, copies of the contract issued by the competent authority in Arabic, and a copy of the church’s Establishment ID. Offline applications require visiting an OSS branch with all necessary documents.

Requirements and Fees

The authentication process involves specific requirements and fees. Applicants must provide at least two copies of the original divorce contract issued by the Interfaith Complex, along with an Arabic translation. While the presence of both spouses is not mandatory, the applicant must be a resident or citizen registered in the Hukoomi database.

The fees for authentication are QR100 for three copies, QR50 for each party, and QR5 for any additional copy. It’s important to note that applications must be completed within 30 days, or they will be canceled. Rejected applications can be modified and resubmitted within 30 days of the rejection date. The service is also accessible through the Sak mobile app, offering flexibility in the application process.

Marriage certificate attestation procedure

Alternatives to Divorce

Before proceeding with divorce, couples may consider alternative options:

Separation

• Living apart without legally ending the marriage
• Can be a trial period before deciding on divorce

Mediation

• A neutral third party helps resolve conflicts
• Can lead to reconciliation or amicable divorce

Counseling

• Professional help to address marital issues
• May prevent divorce if both parties are committed

Divorce STATISTICS Qatar

Divorce rates in Qatar have shown an increasing trend in recent years, particularly since 2019. In 2022, the number of divorces among Qatari men reached 1,375 cases, while divorces among Qatari women totaled 1,231 cases. The general divorce rate per 1,000 Qatari population aged 15 years and above has risen steadily from 2019 to 2022. For Qatari women, the rate increased from 9.6 per 1,000 in 2019 to approximately 11 per 1,000 in 2022. Similarly, for Qatari men, the rate rose from 11.5 per 1,000 in 2019 to 13.1 per 1,000 in 2022, representing increases of about 15% and 14% respectively over this period.

The majority of divorce cases in Qatar in 2022 occurred during the early years of marriage. Specifically, 69.5% of total divorces happened either before consummation of marriage or within the first five years of married life. The data shows that 22.9% of divorces took place before consummation, while 47.6% occurred within the first five years of marriage. Divorces were most common among younger age groups, with the highest rates for Qatari men in the 30-39 age group (35.3% of total Qatari male divorces) and for Qatari women in the 20-29 age group (35.2% of total Qatari female divorces). The most common types of divorce were revocable divorces (32.7%) and minor irrevocable divorces (58.5%), collectively accounting for 91.2% of all divorce cases in 2022.

FAQs About Divorce in Qatar

1. Can I get divorced in Qatar if I am not a citizen?
   Yes, expatriates can file for divorce in Qatar if they meet residency requirements.
2. How long does it take to get divorced in Qatar?
   The timeline varies from 1-3 months for mutual consent divorces to 6-18 months or more for contested divorces.
3. What are the grounds for divorce in Qatar?
   Grounds include lack of financial support, abandonment, abuse, adultery, and irreconcilable differences, among others.
4. How is child custody determined in Qatar?
   Custody is typically awarded to the mother for young children, with the father retaining guardianship rights.
5. Can I apply my home country’s laws for divorce in Qatar?
   Non-Muslim expatriates may have the option to apply their home country’s laws, subject to certain limitations.
6. How is property divided in a Qatar divorce?
   Each spouse generally retains their personal property, while joint property is divided based on contribution.
7. Is alimony awarded in Qatar divorces?
   Yes, alimony (nafaqa) may be awarded, typically paid by the husband to the wife.
8. Do I need a lawyer for a divorce in Qatar?
   While not mandatory, it’s highly recommended to have legal representation due to the complexity of Qatari family law.
9. How will divorce affect my residency status in Qatar?
   Divorce may impact residency status, especially for those sponsored by their spouse.
10. Can I remarry immediately after divorce in Qatar?
    Women must observe a waiting period (iddah) before remarrying, typically 3-4 months.