Dr. Hassan Elhais is the leading legal expert of family law in the UAE, having experience of approximately 21 years practicing in Dubai.
Licensed as a legal consultant in Dubai, Dr. Hassan has dealt with innumerable family law matters, which are often complex, having high stakes and multi-jurisdictional angle, with utmost ease, care and professionalism. Dr. Elhais is proud to be a part of a team at Amal Alrashedi Lawyers & Legal Consultants (since February 2026). He is highly regarded as the go-to family law expert in the country and often provides his expert opinion to foreign courts, when requested.
Dr. Hassan Elhais is the elected co-chair of the 'Relocation of Children Committee' of the International Academy of Family Lawyers (IAFL). IAFL is a worldwide association of practising lawyers who are recognised by their peers as the most experienced and skilled family law specialists in their respective countries.
His grasp of the nuanced and multifaceted family law issues, coupled with the expertise that Dr. Hassan exhibits while advising clients, makes him one of the most sought-after legal experts in the country. Specializing in drafting statement of claims, memoranda, and other legal documents, Dr. Hassan provides legal consultation for all kinds of litigation.
Family Law Practice Areas
Child Custody
When it comes to Child Custody, the child’s best interest will always be the main consideration. Dr. Elhais along with the team are highly experienced in handling complex Child Custody cases and can ensure the best legal recourse for all parties involved.
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Divorce
Divorce cases are complex and often entail a lengthy legal process. Dr. Elhais along with the team are renowned for providing exceptional legal strategies when it comes to divorce cases; helping clients understand complex legal matters with ease.
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Court Proceedings
The court proceedings related to family laws in the UAE can be a lengthy and daunting endeavour. Dr. Elhais along with the team provide unparalleled legal expertise which ensures that you get the solutions that you deserve.
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Inheritance
Dr. Elhais along with the team provide expert legal advice when it comes to Inheritance laws in the UAE. From drafting complex legal wills to handling custody agreements, you can be assured that your legal matters are handled by one of the best legal counsels.
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Best UAE Family Law Firms in Dubai
Legal proceeding does not guarantee success and has you simply waiting for the inevitable. If you want to be ahead then you should take control of the divorce matters, including the separation, financial settlements and children issues, it is so important to remain focused, in control and in possession of a clear strategy. You should consult the best divorce lawyer in Dubai.
Family Law in the UAE follows principles of Sharia and all residents are bound to follow the principles of Sharia, unless they opt for the laws of their own country for any family matter. A Top Law firm can assist you in any family matter such as divorce in the UAE, drafting pre or post nuptial agreement, child custody in the UAE, maintenance for wife and children, imposing travel bans on children, child abduction and several others. Therefore, it is very much suggested to always seek assistance of Best Family lawyers in Dubai or in any other Emirate to handle all primary family matters in the country.
Best Family Lawyers & Top Divorce Lawyers in Dubai, UAE
Dr. Hassan along with his team of family & divorce lawyers will help you stay one step ahead during this emotionally difficult time. Recognized among the top Dubai family lawyers, Dr. Hassan Elhais has successfully advised on multi-jurisdictional divorce, custody, and financial disputes. Along with the team of dependent Family Lawyers in Dubai will provide you strategies that would be beneficial in your cause. If you're navigating a complex separation or custody battle, consulting experienced divorce lawyers in Dubai ensures your rights are fully protected.
If you are already represented by a divorce lawyer in Dubai, it won’t mean that you cannot seek for another opinion to compare or be more prepared. You should be open for more possibilities to be brought by different family lawyers in Dubai.
The divorce dilemma is a big impact in one’s financial and well-being, You should be sure of the people who will represent you, Dr. Hassan formulate a holistic approach from different angles so there might be a chance that an idea brought during discussion will be the most significant legal contribution in your divorce case.
If you are a person who wants to control his/her future, a clear strategy. Don’t waste your time and second thoughts and Contact us now. Dubai-based divorce lawyers, we offer the best legal assistance for your case. With nearly two decades of legal practice, Dr. Elhais is often regarded as the best divorce lawyer in Dubai for high-net-worth and international family law cases.
If your divorce is already under way, whether or not a family lawyer in Dubai have been appointed yet, and you feel that you are not in capable hands, then you will certainly seek for the best divorce lawyer in Dubai whose expertise has been trusted and tested. Let us share our un-biased advice.
Guardianship
Article No. 181 of the UAE Personal Status Law No. 28 of 2005 guardianship shall be granted to the father, not to the mother. The mother cannot be granted guardianship even if the father agrees. If the court decides to take guardianship away from the father, it must be granted to another male person in the family. In your case, this could be your grandfather or, if he is unavailable, one of your uncles.
The legal guardian is entitled to visit the child regularly under the UAE Family Laws. The custodian, usually the mother, may not move the child permanently to another country if it would prevent the guardian from exercising contact with the child.
Visitation can also be decided amicably between the parties through the settlement agreement registered with court. This binds both parties to honour the settlement agreement and should any party breach the settlement agreement, a complaint can be filed with the family court for such a breach. It is strongly advised to seek the opinion of a qualified and well-reputed lawyer prior to signing or entering into a settlement agreement as the terms of the agreement are binding on all parties.
Learn more about child protection in Dubai and child custody in the UAE:
Legal Expertise and Global Recognition
As a one of the leading voices in the UAE legal industry, Dr. Hassan Elhais’ comments have been sought by local and international media outlets on legal developments within the UAE landscape. Some of the local media where he often gets published are the National, Khaleej Times, and Gulf News. He is known for his valuable insight on the local laws, and very often he is sought for by both global and international media for his views on the UAE laws.
Globally, international media such as Associated Press, Bloomberg, US News have approached Dr. Elhais’ to opine on the legal developments in the UAE such as its criminal law, family law, civil and commercial law, and also very recently on the enforcement of foreign orders, particularly the English court orders.
With his strong grasp of the UAE legal system through a long successful track record of professional achievement, Dr. Elhais is renowned for his expert knowledge, especially in a crucial situation.
Dr. Hassan’s educational background laid the foundation for his expertise in family law matters. After qualifying as a lawyer, Dr. Hassan was awarded a diploma in Private Law which focused on Shariah law, amongst others. Dr. Hassan also has a PhD in Civil Law along with a Master’s Degree in Law.
Given the educational background of Dr. Hassan, he is a member of several international organizations dealing with family matters. Dr. Hassan is a member of the Family Law Committees of the International Bar Association and the American Bar Association. He is also a member of Reunite International, a leading UK charity specializing in child abductions and movement of children across international borders.
Dr. Hassan is an affiliate member of First of Family Law (Resolution) and a member of International Academy of Collaborative Professionals. He is a member of the International Society of Family Law, which is an international independent association of scholars, lawyers and researchers for analysis of the legal issues surrounding family law. Dr. Hassan is also a member of the Inter-Pacific Bar Association and the International Lawyers Network.
Given the longevity of Dr. Hassan’s career, marked by clear-cut and specific legal advice given to clients over the years, Dr. Hassan is regularly requested by foreign courts to provide his expert opinion on matters related to family law in the UAE.
These matters relate to Enforcement and Recognition of Mirror Orders issued by Californian family courts, Hong Kong family courts, UK family courts, and other courts. He has also regularly provided his expert opinion on the Validity of pre and post nuptial agreements in the UAE, UAE laws on Divorce including the enforceability and validity of mutual divorce in the UAE and permissibility for amendments, Division of Property and Maintenance to wife and children, etc. His expert opinions also regularly deal with the Law on Guardianship and Custody in the UAE, focusing on permissibility to relocate with the children post court orders and the Fundamental Principles of the UAE Family Law, amongst other issues.
On account of Dr. Hassan’s expertise in family law matters, he has been invited to attend and speak in international conferences and seminars related to family law, held all over the world, including Japan, London, Portugal, South Africa, and Iceland, amongst others.
He has attended, amongst others, the IAFL European Chapter Meeting hosted by the International Academy of Family Lawyers in Lisbon Portugal, and the Annual Conference Meeting hosted by the International Academy of Family Lawyers in Iceland.
Hassan was the speaker for a Mondaq Webinar hosted in March 2022 in which he discussed the new Abu Dhabi Non-Muslim Personal Status Law and Family and Inheritance Matters in the UAE. Dr. Hassan also has been invited as a guest speaker at many consular embassies in the UAE.
Dr. Hassan was also invited as a guest speaker to discuss International Family and Inheritance Matters for the conference hosted by European Centre for Legal Cooperation in Dubai in November 2021.
Dr. Hassan was a guest speaker on Culture, Dispute Resolution and Modernized Family, hosted by the International Centre for Family Law, Police and Practice held in London, United Kingdome in July 2016. He was a panelist for the conference on Family Law and Religious Marriages hosted by the International Academy of Family Lawyers in Tokyo, Japan in May 2018. Dr. Hassan was also invited as a guest speaker by the International Academy of Family Lawyers, in Dubai to speak on Enforcement of Foreign Order in the UAE in May 2018. He was also invited as a guest speaker to discuss the Developing Muslim Law and How South African expats are dealt with from a Legal Perspective in divorces and child disputes in the UAE in the 21st Annual Family Law Conference held in Cape Town in March 2018.
As recognition of Dr. Hassan’s expertise in family law, he has been a recipient of several awards and accolades over the years. He has been ranked as Band 1 by Chambers & Partners for Family/Matrimonial matters for high-net worth individuals.
Dr. Hassan was awarded the Legal Consultant of the Year (Litigation) 2021 by Legal 100 Asia and the Best Legal Consultant of the Year 2020 in the Corporate America Today Annual Awards 2020. He has also been adjudged the Best Legal Consultant for two consecutive years (2018 and 2019) by Global 100. Dr. Hassan was also awarded the Legal Consultant of the Year by Corporate Livewire in 2014.
Frequently Asked Questions
The UAE’s legal consequences for adultery vary depending on the precise facts of the case. It could lead to both criminal and personal status consequences. In family disputes, it is required that there be sufficient evidence of adultery, and the court can accept it as a valid ground for divorce. Normally, the court requires clear proof, and that is admissions or electronic evidence that the court has approved or other documentation that is admissible in a court of law. Usually, allegations of adultery are insufficient to prove adultery. Where proven, adultery will affect monetary compensation, marital rights, and claims between spouses in a divorce. But child custody decisions are separate. The child’s best interests come first, before the actions of the parents. The legal results of these cases may vary depending on the applicable personal status law and the religion of the parties.
The alimony is calculated depending on the financial capacity of the husband and the justified needs of the wife and children. Maintenance of the child is dealt with separately and usually continues even if the parents are in dispute. The courts of the UAE, before issuing orders, take into account several kinds of factors, including both parties' income and assets, the level of living maintained during the marriage, current financial obligations, housing costs, educational expenses, and healthcare needs.
Alimony is designed to maintain fairness and prevent undue financial burden after divorce proceedings end. If the paying party does not comply with maintenance orders, the enforcement procedures can be initiated through the court. The court’s orders regarding the maintenance may also be varied in the event of a material change in financial circumstances.
UAE courts place the child’s welfare and best interests as the primary factor when making decisions about child custody. When parents separate or divorce, the court considers several factors, including the age, health, and education of the child; emotional stability; history of caregiving; financial support; and ability of each parent to give adequate care.
In many of the cases, one parent receives physical custody and the other retains guardianship responsibilities relating to financial support and major decisions. The custody of the child is not automatically granted solely on the basis of gender or financial capacity under the current legislation of the UAE. Custody arrangements may differ for Muslim and non-Muslim families depending on the applicable law. A parent may lose custody if the court determines that the child’s welfare is negatively affected. The parents are encouraged to cooperate and avoid behaviors or acts that negatively affect the child’s development or emotional security. And the court has the authority to amend the orders of custody arrangements if there are any material changes that affect the welfare of the child.
In the UAE, the divorce proceedings normally start with filing a claim before the competent family court. In most of the cases the court initially encourages reconciliation or mediation attempts before proceeding to further legal proceedings. The UAE laws permit divorces in different ways, like mutual consent, harm-based, abandonment, non-support, and grounds recognized by UAE laws. The court will consider marriage documents, financial claims and custody matters, and any evidence either party presents in support of their case. Spouses may negotiate settlements regarding maintenance, property and parental responsibilities during the course of proceedings. In the event no agreement is reached, the judge will rule according to the principles of UAE family law. Sometimes foreigners are may request for implementation the laws of their own country under certain legal conditions. The law states that the final divorce judgments are enforceable once all procedural requirements and appeal periods have been completed.
The time taking for the proceedings of family court in the UAE differs for each case, it depends on the complexity of disputes and supporting evidence presented. If it involves custody disputes or financial issues, more hearings will be necessary. Courts usually resolve simple and uncontested issues fairly quickly. Often courts will set up mediation sessions to encourage settlement before the claims get full judicial consideration. During the stages of litigation, parties can prolong proceedings by submitting mountains of documentation or disputing expert reports. The right to appeal may delay the time when judgments become final and binding between the parties. Where circumstances warrant, applications relating to children or maintenance may be expedited for judicial consideration. The Procedural efficiency still matters to the court, but fairness and accurate assessment of contested family issues have been given more priority.
The inheritance matters handling in the UAE is based on the personal status law and applicable succession principles, which are recognized by the courts. The deceased person’s religion, family structure, and existence of valid testamentary documents are matters for distribution of assets. The court will determine the respective shares of each heir according to statutory inheritance provisions after identifying the legal heirs of the deceased. Usually, estate distribution among the beneficiaries only after settling the financial liabilities and outstanding debts. Non-Muslim expatriates may, in some cases, apply their home country law if appropriate legal procedures are followed. The inheritance process normally begins with obtaining a succession certificate from the UAE courts identifying the lawful heirs.
If any dispute arises at the time of distribution, it results in judicial proceedings concerning valuation of assets, entitlement, and other responsibilities. Proper estate planning, including wills registered in the UAE, will help to reduce the disputes and to make clear the intention of the deceased.
The Parties involved in UAE family litigation should preserve documents, like financial records, communications, and official supporting documentation. The court normally relies on the written documents, bank records, contracts, and authenticated correspondence during dispute evaluation. In the custody and maintenance cases, evidence like medical reports, school records, and proof of expenditures may also become crucial. The testimony of witnesses can also assist in certain claims, although documentary evidence generally carries stronger evidentiary value before courts. Moreover, the parties must avoid unlawful recording means or privacy violations that may render evidence inadmissible during the proceedings. If any documents of a foreign language are submitted before the court, the legal translation and authentication of the documents are necessary, like the attestation of competent authority. Organized and credible evidence significantly improves procedural efficiency and supports stronger legal arguments before the court.
The best family lawyer in the UAE is usually chosen for his or her experience in cases, such as divorce, child custody disputes and financial support claims. The families prefer lawyers who are familiar with the UAE personal status laws, and expatriate family matters. Strong negotiation skills and sensitivity to family conflict are valued highly. Dr. Hassan Elhais is renowned for his legal commentary and representation in complicated UAE family and personal status disputes. His practice includes advising the clients on divorce procedures, parental rights and the custody arrangements. The experienced legal assistance can help families navigate emotionally and legally challenging situations more effectively.
Disclaimer:
The above information might not apply if both parties are non-muslim. Starting from the 3rd of February 2023, UAE issued specific family law to be applied between non-muslim expat residents in case non 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 family law for non-Muslims.
