Divorce is a legal end to a marriage between two individuals. It is a legal document that states the terms and conditions that are applicable once a couple decides to get separated after marriage. In the case where a divorce proceeding involves a party that cannot be physically present in the country due to whatsoever reason, a special power of attorney can be made for his/her agent to act on his/her behalf to carry out the divorce formalities. This special power of attorney is supposed to be signed by the notary public Dubai to make it validated and executable in the UAE. In this article, we will discuss how a special power of attorney can be obtained in the UAE and how it can be notarized by the Notary Public Dubai.
Steps for obtaining a special power of attorney for divorce in the UAE
In general, the following steps shall be followed for making a special power of attorney for divorce in the UAE
- Deciding the agent– first of all, if the principal is outside the country, he/she must decide who should be appointed as the agent for carrying the divorce proceedings on the principal’s behalf. This agent can be the principal’s friend, relative, or any third person whom the principal trusts. This person should also be aware of all the laws that are applicable in the UAE.
- Hiring a lawyer– the next step involves drafting a special power of attorney for divorce proceedings, one must appoint a professional lawyer. The experienced lawyer can help in writing the power of attorney in a way that helps one in getting the document written in the best way possible. This ensures that all the clauses in the document are well written and do not cause any trouble to the agent and the principal at a later stage.
- Drafting the special power of attorney– the special power of attorney for divorce proceedings must be written very carefully. The PoA has to be written in a legal language or in line with the standard guidelines that are prescribed by the UAE law and policies that are applicable.
- Notarizing the special power of attorney– This step involves notarizing the PoA in front of the notary public Dubai. This step ensures that the power of attorney becomes executable in the eyes of law in the UAE. the PoA must be signed by the principal, agent, 2 witnesses who are above 18 years of age, and the notary public.
- Receiving the attested power of attorney for divorce– once the document has been notarized in the presence of all the above parties, the same can be obtained from the court.
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Process of signing the special power of attorney for divorce in the UAE
The process of signing a special power of attorney in the UAE is as follows-
- The special power of attorney is supposed to be prepared in a bilingual format (English and Arabic). The Arabic translation is mandatory as the official language of the United Arab Emirates is Arabic. In case the document has been made in English then it must be translated to Arabic through a government-approved translator.
- 3 originals of the power of attorney are supposed to be signed/notarized at the Notary public Dubai office. The notary public then registers one original POA and returns the other 2 originals to the principal.
The principal then makes copies of the same and sends it to the agent and other relevant parties notifying that he/she has appointed the agent to act on his behalf as per the clauses mentioned on the special power of attorney.
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Cases where a special power of attorney for divorce is needed in the UAE
In general, a divorce proceeding requires both the husband and the wife to be physically present in the court. However, there might be certain situations when either of the parties may not be in a position to be physically present for the procedure to be carried out. These situations are listed below-
- When either of the parties is out of UAE and cannot travel for whatsoever reason possible.
- When either of the parties is medically unfit to attend the court sessions on the said date.
In such cases, a special power of attorney will play a vital role in carrying out the process. This will help the appointed agent to sign on behalf of the principal to obtain a divorce.
How long does the special power of attorney for divorce last?
The special power of attorney is durable in nature. This means that it stands cancelled automatically once the divorce has taken place and all the clauses and conditions of the document have been fulfilled. The principal selects the agent based on his skills, reputation, and his capabilities. The agent’s actions are limited to acting within the provisions mentioned on the PoA.
Fees applicable for notarizing the special power of attorney for divorce from the Notary Public Dubai
The notarization of the special power of attorney for divorce makes the document applicable and legal in the UAE. in order to get this document notarized a nominal fee is applicable. The details of the same can be obtained from the notary public Dubai. We will help you in sorting out all your issues related to the drafting and documenting the special power of attorney for divorce.
Syed Hassan Ali has an experience of 13 years and is highly specialized in providing legal consulting for all types of notary requirements. By utilizing his diverse and deep knowledge, he has consistently aided individuals and organizations in finding flexible and timely solutions.