In the UAE, Muslim family matters are regulated by Federal Law No. 28/2005 on the Personal Status Code, and it is significant to understand the legal provisions that protect the rights of wives and children when a husband abandons his family. This article aims to discuss the legal aspects of this particular situation, addressing the challenges faced by abandoned wives and children.
This article aims to provide an overview of the difference between the divorce decree and the marital settlement under UAE law, taking into account the legal implications for both Muslim and non-Muslim couples.
In the United Arab Emirates (UAE), until very recently, Federal Law No. 28 of 2005 (the UAE Personal Status Law) was governing divorce and other family-related conflicts
Marital rights of a woman refer to those entitlements that a wife can have over her husband, as a result of their marriage. Some of these rights can be exercised during the married life, while some can be claimed only after the spouses proceed for divorce.
The laws governing your Divorce Personal matters in the UAE, up till February 2023, were governed by Federal Law No. 28 of 2005 Personal Status Law, along with some supporting provisions from the Civil Transactions Law of 1985. However now, as part of making the UAE more attractive for foreigners, the government has put forward an altogether separate law, which is based on internationally accepted practices and customs in terms of family laws
February 1, 2023, marks the enforcement of a new personal law for non-Muslims in the UAE, namely, Federal Decree-Law No. 41 of 2022, on Civil Personal Status (Non-Muslim Personal Status Law).
We have discussed personal status laws applicable to the entire UAE in the previous articles.
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.
When dealing with divorce, you might have inadvertently come across various facets of what is commonly referred to as ‘family law’.
In the recent changes, a new Federal Decree-Law on Civil Personal Status for non-Muslims has been enacted (hereinafter “Civil Personal Status Law”).
Infidelity is one of the grounds for divorce and it remains one of the major grounds for filing for divorce. That said, however, much depends on how infidelity can be proven before the courts.
The divorce process in the UAE allows for meditation steps before proceeding with litigation. The UAE Court system, in certain cases, requires meditation as an essential and mandatory procedure that the parties must complete before registering a court case.
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 very distinct meanings and resultant procedures to each.
The Personal Status Court in Dubai deals with divorce matters for both Emiratis and Expatriates.
UAE Federal Law No. 29 of 2021 On the Entry and Residence of Foreigners, along with several Ministerial Decisions, governs the rules and regulations about the issuance of visas in the country.
Following the issuance of the new Civil Personal Status Law for the non-Muslims in the country, these three factors have come to be determined separately for the Muslim and non-Muslim populations of the UAE.
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.
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