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October 01, 2013|
1. Sources of Law
1.1 What is the primary source of law in relation to the breakdown of marriage and the welfare of children within the jurisdiction?
Dubai is one ‘Emirate’ within the ‘United Arab Emirates’. Seven Emirates make up the UAE being: Dubai; Sharjah, Abu Dhabi, Fujeira, Ras Al Khaimah, Um al Quwaim and Ajman. Each Emirate is governed individually.
The laws of the UAE are coded and judgments from the Court of Cassation in Abu Dhabi set precedents. These cases assist with the interpretation of the statutory provisions however, there are not a great number of family law precedents as these cases do not tend to reach the Court of Cessation.
The laws that are relevant to Family matters are the:
It is possible for non – Muslim expatriates to ask for the laws of their home countries to be applied within the courts of the UAE. The Law of Civil Transactions 1985 determines the applicable laws for different types of cases.
The following articles are relevant to Family law matters:
However, in practice foreign laws are very rarely applied for the following reasons:
For the remainder of this chapter, it will be assumed that UAE laws are being applied, not foreign laws.
1.2 Which are the main statutes governing matrimonial law in the jurisdiction?
Federal Law 28 of 2005 concerning personal status matters (Personal Status Law)
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