Non-Muslims divorce in the Kingdom of Bahrain: Where and How to Start?

If you are an expat living in Bahrain and are considering getting divorced, you might think you can only get a divorce in the country where you got married. But that's not the case. The courts in the Kingdom of Bahrain can assist both citizens and expats in getting a divorce. The main distinction is that the process will change based on whether the couple is Muslim.

To clarify, Muslim couples conclude their marriage under Shari'ah Law; therefore, when requesting a divorce, they should apply to the Shari'ah Court of the Kingdom of Bahrain. The procedure for non-Muslim couples, on the other hand, is different. More specifically, a non-Muslim marriage is between a non-Muslim man and a non-Muslim woman. In other words, it is a marriage that is not concluded under the umbrella of Shari’ah Islamic Law.

In this article, we shall discuss the divorce process in Bahrain for non-Muslim couples.

Non-Muslim couples may get a divorce in Bahrain either amicably or non-amicably. The exact procedure to follow will be slightly different based on each couple's circumstances.

Under Bahraini legislation, non-Muslim couples are permitted to file for divorce before Bahraini courts. Their request must be submitted to the High Civil Court, whose jurisdiction is based on the provisions of Civil and Commercial Procedures Law No. 12 of 1971. After the request is submitted, in the divorce proceedings, the High Civil Court will apply the laws of the husband's nationality. In addition to that, the High Civil Court has the authority to examine alimony, custody, and visitation claims wherever there is jurisdiction.

The parties must provide copies of all applicable laws and their Arabic translations to the High Civil Court together with their divorce request. Their marriage contract and identification documents must also be submitted.

The Court will then examine their request and issue its decision.

How we can help: our Firm advises non-Muslim couples in the Kingdom of Bahrain wishing to get a divorce. We can also handle the entire procedure through a Power of Attorney. If you have any questions, please do not hesitate to contact us at general@abdulwahab.info or +973 17042500.

Disclaimer: our publications are intended for general information and should not be construed as legal advice on any specific facts or circumstances. They may not be quoted or referred to without our prior written consent.