Family Lawyers of Dubai have been frequently asked about the procedure for filing divorce and the importance of registering the case primarily before Family Guidance Committee. Therefore, I decided to write this article to enlighten our readers regarding the mandate to register family cases before the Family Guidance Committee before filing it to the Family Courts.
With a sole objective to address the dispute between the family and to arrange an amicable settlement, the Family Guidance Committee was established by the UAE government in each Emirate in 1998. Since then, it is was mandatory to register any family dispute before the Committee prior to filing it before Family Courts. From resolving family issues amicably or finishing differences with mutual agreements or issuing no-objection certificates for referring the matter to the competent court, Family Guidance Committee offers these functions.
The Procedure for Case Registration
In order to initiate the family counselling request the primary step is to lodge a complaint either personally in Family Guidance Department office in any of the branch or through an electronic procedure by filling the requisite form provided by the department to be submitted along with the relevant documents. Upon submission of the request, the committee will open a file in your name and subsequently, both the parties will be notified with regards to the first hearing before the committee for first counselling. The notification will be through various means such as message, call or email. On the first day of the hearing, the committee will try to amicably resolve the matter between the parties through in-person sessions or convince them to reach a mutual agreement. On the off chance, should the committee fails to reach an amicable settlement, they will issue a no-objection certificate or will directly refer the matter to the competent court for Family Disputes.
It is hence evident that matters in connection to family law; the only method of mediation is through Family Guidance Committee. The beginning of most family cases must allude here. The committee is comprised of a few advisors trained in mediation or family counselling, yet not legally trained. Their main responsibility is to reconcile the parties or reach an amicable settlement. It is not necessary that the matter will be resolved in one hearing, the counsellor depending on the case, may give further hearings for the party to propose settlement or to resolve their differences.
If a case is registered before the Family Guidance Committee against you, it is advised to that the respondent attends the hearing or seek advice from a legal consultant in order to understand the merits of the case. Yet, it is pertinent to note that the committee cannot pass any judgment without the presence of the parties, and the respondent is still within his or her rights to attend the counselling session or not.
Disclaimer:
The above information might not apply if both parties are non-Muslim. Starting from the 1st of February 2023, UAE issued specific family law to be applied between non-Muslim expat residents in case none of them wanted to apply his/her home country’s law in the UAE. To know more information about this law, please feel free to click this link
