Family Law

Our legal advice and support, as mentioned earlier, also extends to divorce law. This is one of our most sought-after services and requires a careful and methodical approach to arrive at the most suitable solution. Our expert divorce attorneys have extensive experience handling cases efficiently and thoughtfully. At all stages, we provide sound advice and keep clients informed at every stage of the divorce. Clients appreciate professional legal advice during what is often a stressful and annoying time. We guarantee in all our legal dealings a commitment to confidentiality and professionalism. This is particularly important in family law matters, where an amicable solution is often the best course of action. This always means a better outcome and a joint decision for the family unit. However, we always handle things on a case-by-case basis. In the worst-case scenario, we are able to provide full court representation and ongoing legal support. We aim to pursue proper settlement of the client within the framework of UAE and international law.

A property settlement is an arrangement made between the parties to divide assets, liabilities, and financial resources upon the separation of spouses. A property settlement can be done with or without court assistance. Property can include almost anything of value, such as jointly or independently owned property. The property settlement is not limited to property acquired during the relationship. Property owned before and after separation can be included in a property settlement. There are many resources available that can help you settle property without court assistance. However, due to the complex nature of such an agreement, you should seek the assistance of a lawyer to prepare your estate settlement. If you can agree without court assistance, you will save yourself time and money. You may also be able to improve your relationship with the other party, which may help resolve any future disputes.

According to Article 142 of the UAE Personal Status Law, “custody” is defined as “keeping, raising and caring for a child without interfering with the right of the guardian.” Although both fall under the umbrella of child care, the difference between the two deals more with scope rather than intent. While the guardian must provide care for the child financially and be responsible for the major decisions related to his life (education, marriage, immigration, etc.), the guardian is the most present and routine caretaker of the child, taking care of his daily needs. Usually the former is the father while the latter is the mother. These laws are constantly evolving and increasing in scope and application to make them as comprehensive and relevant as possible. The best interests of the child are paramount in the eyes of the law and the courts when dealing with custody cases. According to Article 146 (7) of the Personal Status Law, “The father and mother may request custody of the child if there is a dispute between them and the mother has left the marital home even if their marital relationship still exists. The judge decides their request depending on the best interests of the children.”

In this article, we will explain the procedures for divorce in the Emirates in the light of Federal Law No. (28) of 2005 regarding the personal status and its amendments. ([1]) The institution of marriage is one of the constants that the Personal Status Law in the United Arab Emirates urges, but if the spouses differ, and the husband fails to fulfill the material and moral rights and duties required by the family, Islam has prescribed for the wife to demand the redemption of herself from the infallibility of her husband in return A financial compensation to be given by the husband, provided that the husband takes her off his infallibility in exchange for this redemption, and khul’ in the language is dispossession, and the man takes off his clothes if he takes it off, and the husband takes off his wife if he strips her of marital status, and khul’ is a decision issued by the wife and accordingly she files a lawsuit against her husband. In it, she explains that she has refrained from staying with him in the marital nest, and desires to separate from her and that she is ready to ransom herself by returning the husband’s dowry and giving up all her legal rights. This means that the divorce in exchange for the wife’s separation from her husband is compensation, so the husband takes compensation and separates his wife, whether this compensation is a little or a lot according to what they mutually agree upon. Together with the word khula only.

The ruling on alimony is one of the applicable provisions that change according to the change in the status of the person responsible for the alimony or the change in the economic situation and the change in living conditions, and the law stipulates the necessity of alimony and considers it (a debt in advance of other debts) and the text of the UAE Personal Status Law on the issue of alimony by Federal Law No. (28) for the year 2005 AD In the matter of personal status – marital alimony – the legislator decided that the wife’s alimony is proven since the date of the valid contract if she surrenders herself to him, even if legally. The wife has the right to take temporary alimony if her husband divorces her after a valid marriage of his own free will and without asking her, as stipulated in Article 140 of the Personal Status Law No. 28 of 2005: Unless she was asked, she deserved pleasure other than the maintenance of the waiting period, according to the husband’s condition, and not exceeding one year’s maintenance for her likes. The judge may divide it in installments according to the husband’s left or insolvency, and in assessing it, he shall take into account the harm that has befallen the woman.”

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