Navigating Divorce In Bahrain: A Practical Guide For Expats

If you're thinking of getting a divorce in Bahrain, the procedure will depend on your religion. Non-Muslim expats can only start an application for divorce through the Bahrain Civil Courts. The Bahrain Courts' jurisdiction is based on provisions of the Civil and Commercial Procedures Law. Muslim couples, on the other hand, conclude their marriage under Sharia Law and must apply to the Sharia Court of the Kingdom of Bahrain for divorce.

Muslim couples must apply to the Shariah Court

There are two types of Islamic marriage contracts in Bahrain: Sunni and Shia agreements. The type of contract will determine which of the two Islamic courts will rule in the divorce proceedings. If the marriage contract is silent, the religion of the husband will prevail, and the court representing his sect will have jurisdiction over the marriage dissolution case.

To obtain a divorce certificate, the following steps must be completed:

• File all documents and information requested by the competent court.
• The court will forward the application to the Ministry of Justice in Bahrain.
• The Ministry will contact the applicant once the divorce has been granted.
• The applicant must go to the Ministry to collect the certificate.

It is important to note that a practicing lawyer registered in Bahrain is required to file the divorce application, regardless of the religion of the spouse requesting the divorce. All lawyers in Bahrain must be licensed by the Ministry of Justice to be allowed to practice.

Non-Muslim couples must submit their request to the High Civil Court

If you are a non-Muslim couple looking to divorce in Bahrain, you can submit your request to the High Civil Court. This is the case whether you are citizens or expats, and whether your divorce is amicable or non-amicable. The High Civil Court's jurisdiction is based on the provisions of Civil and Commercial Procedures Law No. 12 of 1971.

Once you have submitted your request, the High Civil Court will apply the laws of the husband's nationality. This includes examining alimony, custody, and visitation claims. It is important to note that the Court will consider the parents' religion, place of permanent residence, income, and the mother's subsequent marital status when determining custody issues. Priority is generally given to a Muslim father, regardless of his nationality.

When submitting your request to the High Civil Court, you must provide copies of all applicable laws and their Arabic translations, along with your marriage contract and identification documents. Foreign documents must be certified by the Bahraini Ministry of Foreign Affairs and translated into Arabic. The Court will then examine your request and issue its decision.

It is worth noting that you will need a practicing lawyer registered in Bahrain to file your divorce application. All lawyers in Bahrain must be licensed by the Ministry of Justice to be allowed to practice.

Foreign documents must be translated into Arabic

To get a divorce in Bahrain, you will need to submit several documents to the relevant court. If you are a non-Muslim foreign citizen, you will need to file your divorce application with one of Bahrain's civil courts. Muslim couples, on the other hand, must apply to the Shariah Court of the Kingdom of Bahrain.

Regardless of your religious affiliation, if you are a foreign citizen, any documents in a language other than Arabic must be translated into Arabic. These translations must be performed by an officially certified translator to be accepted. The translation must be as close to the original document as possible, not only in terms of content but also in layout and any stamps or markings.

The following documents must be submitted in Arabic:

• The original marriage contract
• The original identity cards of both parties
• Copies of all applicable laws

In addition, you must provide proof that your foreign documents have been certified by the Bahraini Ministry of Foreign Affairs. This can be done by submitting the documents to the Ministry and obtaining their certification.

It is important to note that you will also need a practicing lawyer registered in Bahrain to file your divorce application, regardless of your religious background.

The process will depend on the religion of the spouses

The process of divorce in Bahrain varies depending on the religion and nationality of the spouses. Muslim couples who were married under Sharia Law must apply for divorce through the Sharia Court of the Kingdom of Bahrain. On the other hand, non-Muslim couples can file for divorce before the High Civil Court of Bahrain.

For Muslim citizens in Bahrain, the divorce procedure is influenced by the way the marriage was concluded. There are two types of marriage contracts: Sunni and Shia agreements. Depending on the type of marriage contract, one of the two Islamic courts will preside over the divorce proceedings. In cases where the marriage contract is silent, the religion of the husband takes precedence, and the court representing his sect will have jurisdiction over the divorce.

Non-Muslim expatriates residing in Bahrain can only initiate divorce proceedings at the Bahrain Civil Courts. The Bahraini Courts will establish jurisdiction, and the Court will apply the laws of the nationality of the spouses (usually the husband's nationality). This requires non-Muslim expatriates to provide legalized certified copies of all applicable laws and their translation into Arabic for use in court, which can be a costly and time-consuming process.

To obtain a divorce certificate in Bahrain, the following steps must be completed:

• File all documents and information requested by the competent court.
• The court will forward the application to the Ministry of Justice in Bahrain.
• The Ministry will contact the applicant once the divorce is granted.
• The applicant must go to the Ministry to collect the divorce certificate.

Non-Muslim expat residents can only apply through the Bahrain Civil Courts

If you are a non-Muslim expat resident in Bahrain, you can apply for a divorce at the Bahrain Civil Courts. The jurisdiction of the Bahraini Courts will be subject to the provisions of the Civil and Commercial Procedures Law No. 12 of 1971. When the Bahraini Courts establish jurisdiction, the Court will apply the laws of the nationality of the parties. In most cases, this will be the husband's nationality.

To apply for a divorce, you will need to submit a request to the High Civil Court. The request must include copies of all relevant laws and their Arabic translations, as well as the marriage contract and identification documents. The process of legalising documents and translating them into Arabic can be costly and time-consuming.

After submitting the request, the High Civil Court will examine it and issue its decision. The Court has the authority to examine alimony, custody, and visitation claims wherever there is jurisdiction.

It is important to note that non-Muslim expat residents in Bahrain cannot apply for a divorce through the Shari'ah Court of the Kingdom of Bahrain, as this court only has jurisdiction over Muslim couples whose marriages are concluded under Shari'ah Law.

Frequently asked questions