Written by Dr. Hassan Elhais 1. Sources of Law
1.1 What is the primary source of law concerning 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, Fujairah, Ras Al Khaimah, Umm al Quwain 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.
The laws that are relevant to Family matters are:
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 following articles of the Civil Transactions Law, 1985, are relevant to Family law matters:
However, in practice, the application of foreign law may face the following challenges –
1.2 Which are the main statutes governing matrimonial law in the jurisdiction?
Legal Update:
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 expatriate 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.
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