One of the key changes introduced by the new law is the changes in divorce proceedings. Under the new law, a spouse can apply to the courts for a divorce based on a no-fault application. The spouse only has to show willingness for ending the marital relationship, without showcasing any damage or blaming the other party.
While dissolution of marriage is one aspect of personal law matters, questions regarding claims in a divorce, the custody and relocation of children and inheritance, which are governed by the UAE laws, are important considerations too.
The Divorce law in UAE thus differs depending upon your nationality, whether you are Non-Muslim or Muslim, as well as your Emirate of residence or work. Thus, contested divorce matters often run into complexities either due to the application and choice of law, as well as due to the underlying facets part of a divorce process such as payment of maintenance, claiming custody of the children, and maintenance for children, and so on.
The new Decree amends the previous practices applicable to the divorce of non-Muslims and allows the concept of unilateral divorce for the first time. The new Decree thus aims to provide more innovative solutions that will allow non- Muslims residing in the emirate of Abu Dhabi to solve family disputes in a flexible manner.
Infidelity is one of the grounds for divorce and in fact it remains one of the major grounds for filing for divorce.
Divorce process in the UAE allows for meditation steps before proceeding with litigation.
The mutual divorce petition is thus jointly submitted by the husband and wife to the Court.
There is a legal difference between the terms ‘Annulment’ and ‘Divorce’. Both terms relate to marriage contracts and have a very distinct meaning and the resultant procedures to each.
The Personal Status Court in Dubai deals with divorce matters for both Emiratis and Expats.
UAE Federal Law Number 6 of 1973 concerning entry and residence of foreign national as thereafter amended by Federal Law No. 13 of 1996 regarding the Immigration Law (Immigration law) along with several ministerial decisions governs the rules and regulations pertaining to the issuance of visas in the country.
Most women seeking divorce have 3 priorities: 1. Divorce Certificate 2. Custody of the children 3. Maximum Financial support and settlement.
The methods of dissolution of marriage for muslims and non muslims residing in the UAE.
Dr. Hassan Elhais explains whether financial orders outside the UAE are valid and how they are enforced and what legal challenges can be faced by the parties.
Dr. Hassan Elhais comments on what factors the local courts take into consideration while deciding the financial obligations of a parent after divorce.
Dr. Hassan Elhais explains how marriages are recognized in the UAE and how divorces are executed under the UAE Laws.
There are a number of exceptions, but in general, the Courts of First Instance (the lowest tier of court) have jurisdiction over family cases filed against citizens or foreigners who are domiciled or resident in the UAE.
Family article on husband and wife rights under Shariah Law. There are specific rights designated to Husband and Wife under Shariah Law.
Total Publications: 18
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