Family Law Dubai
Family Law Dubai refers to the practice area of the law that deals with a variety of topics such as divorce, child support, allocation, property disputes, parenting orders and much more legal issues related to the family. Given that these tend to be sensitive legal problems, it’s helpful to count on legal counsel and support that can help you achieve a good solution. Almost every culture and every religion in the world has family as their most important foundational stone. Above all, modern human society was built upon what family represents to all: a place where you find unconditional love. Furthermore, family in most nations is not only considered a religious matter. It is also considered a legal matter. You must consider a legal framework when starting a family with a marriage. On the other hand, ending a marriage has the same requirements and legal guidelines to follow regarding divorce. Therefore, you first need love to build your family, but second, you must know the legal bases of it. These family-related legal bases severally vary from country to country. Now, in the UAE, they come in the form of Family Law Dubai. Throughout its history, The UAE has built Family Law Dubai based on Shari's principles. Its main objective is family recognition and ensuring the protection of family members during disputes, including children. Hence, you can get through family disputes by having the help of experienced professionals in legal family matters. We at Connect Legal can offer you the best legal advice in the UAE regarding family legal issues, and more. 1.Legal Framework of Family Law Firms Dubai. Laws in the UAE are living organisms. Their requirements, guidelines, and provisions are modified constantly by the UAE authorities, to adapt to a fast-changing world. Thus, starting in 1992, they have built a Legal Framework of Family Law Firms Dubai that has evolved over time to consider a wider variety of scenarios. The most significant part of this legal framework is the Personal Status Law. It was born in 2005 and governs marriage, succession, divorce, child custody, and child maintenance and guardianship within the UAE. Moreover, it applies to Emiratis and non-Emiratis, having special regulations for non-Muslim Emiratis. On the other hand, the Civil Procedure Code also contains a part of Family Law firms in Dubai. In family matters, it regulates actions and disputes regarding properties. Last but not least, you will also find a part of Family Law firms in Dubai contained in the Civil Transactions Code, which also involves property matters. Building a family is something most people expects to do at some point in life. But, doing it in the UAE without the knowledge of these three laws can bring you legal trouble. Obtain the services of our Family Law Dubai supporting Lawyers to start your family properly. 2.Marriage You may feel that some of your friends are like family to you, but this does not apply from a legal perspective. According to Family Law Dubai, starting a family means only one thing: Marriage. In the UAE, Family Law Dubai mostly recognizes three types of marriage: Religion Marriage, Civil Marriage, and Civil Partnership. However, they are all processed under the same procedure. Furthermore, Family Law Dubai does not handle the concept of pre- and post-nuptial agreements. It does state that marriage contracts can include a “dowry”. A “dowry” is an amount of money or possessions the groom gives the bride as a financial backup in the case of a divorce or his death. It is instantly enforceable on divorces and has priority over inheritance. However, foreign prenuptial agreements are recognized if there is no conflict between the applicable foreign law and the UAE law. Besides, they must not be in conflict with Islamic Shari's to not be considered voidable. In conclusion, we recommend that you get in touch with us. Let our experienced Family Law Dubai supporting Lawyers help you to start a family of your own. 2.1. Recognition of Foreign Marriages The Ministry of Foreign Affairs must confirm the legality of Foreign Marriages contracts to recognize them by the UAE Family Law Dubai. An official translator must then translate the contracts into Arabic. Last, the Ministry of Justice will attest the contracts. On the other hand, the UAE will not recognize certain marriages that do not comply with Sharia law. For instance, they will not recognize a marriage between a Muslim woman and a non-Muslim man. This is also the case for civil marriages between Muslims. Shari's law demands that Muslims marry only through religious ceremonies. Thus, you must first review if your marriage certificate will be valid in the UAE before starting living in the country. To do so, reach out to us to get legal advice from our Family Law Dubai supporting Lawyers in this matter. 3.Divorce According to Personal Status Law, divorce is the legally prescribed form of the dissolution of a marriage contract. It can be done verbally or in writing. You can secure your divorce in the UAE in two different ways: •Al Khloe: The wife divorces her husband by paying him a monetary compensation in return. •A court order. On the other hand, the Personal Status Law also states the acceptable statutory grounds for divorce. Some of them are the following: •Physical or mental conditions, such as leprosy, mental health disorders, and genital-related health problems. •Dissension and prejudice. •Non-maintenance. •Absence and loss. •Zihar: Where the wife’s body is compared by her husband to the body of another woman who he is forbidden to marry. Moreover, Family Law Dubai does not allow women to apply for a divorce unless they prove that they have been harmed. It does allow men to get divorced without a ground or the consent of their wives. Divorce in the UAE also involves a mandatory conciliatory procedure, in which spouses cannot use legal representatives. Personal Status Law includes this mandate to help couples resolve their issues and try erasing the possibility of a divorce. Get in touch with us to help you get through the legal parts of your divorce process. 3.1. Finances and Properties With every divorce, there is always the question: Who gets what? The UAE Family Law Dubai does not address the Finances and Properties held only in your name. But it does demand the jointly held assets in the UAE to be divided equally by the court. This does not apply to assets held outside the UAE laws’ jurisdiction. Besides, the court’s settlement of disputes section will apply the Civil Procedure Code to spouses who refute this division. Therefore, you will need legal assistance to answer that very first question above in your divorce. Here, our skilled Family Law Dubai supporting Lawyers can provide you with their services, to ensure you get what you are entitled to by law. 3.2. Child Custody With higher importance over finance and properties, Child Custody is another recurrent topic in most divorces. In other nations, parents can have the same responsibility over their children. However, the UAE deals with this differently. In the country, Shari's law gives parents unequal parental responsibilities. In essence, when a marriage is terminated, Family Law dubai declares the mother as the child’s custodian (hadana) and the father as the child’s guardian (wilaya). Thus, the mother will be responsible for the child’s day-to-day needs, and the father will provide the child’s financial and substantial means. But, in practice, this is not always the case. Personal Status Law demands judges to put the child’s best interests first when choosing their most suitable custodian. Moreover, if the father is the chosen custodian, he must have a female to take care of the child. On the other hand, a woman’s custody ends when her male child reaches 11 years of age. It also ends when her female child reaches 13 years of age. We hope you do not need to file a divorce petition if there are children in your marriage. But, you can get in touch with us if you need legal assistance regarding child custody. 3.3. Child Support When you finish the custody battle, the following topic you often address is Child Support. In this matter, Shari’a law also influences its legal bases. The Family Law in UAE declares the father responsible for providing maintenance to his child after divorce. In essence, child maintenance shall include housing, food, education, clothes, medical expenses, transportation, domestic employees, extracurricular activities, and more. Above all, the aim of the UAE law is to give the child a standard of living at least as close to what he or she had during the marriage. From a financial perspective, Child Support involves all expenses required to take care of the child. In the UAE, child support payments are determined according to the father’s income and are usually limited to 30% of it. Personal Status Law also states when Child Support must end. It demands that the father shall be responsible for his son’s maintenance until his education is complete. He also shall be responsible for his daughter’s maintenance until she gets married. Furthermore, both the wife and/or child can make claims regarding child support. To prevent these claims from happening, reach out to us, and let our Family Law supporting Lawyers give you the legal advice you need. 4.Frequently Asked Questions about Family Law in UAE You may find the UAE laws to be substantially different from the laws of your country. But, it does not have to concern you. The UAE Government is still making efforts to include the applicability of foreign laws in their legislation.On the other hand, as happens with other laws, Family Law is also a largely wide piece of legislation. Having complete knowledge of it can be a challenge for you. To help you in this matter, we have prepared a series of answers to some frequently asked questions our clients have made over the years. Additional information regarding Family Law is not bounded to these questions. Therefore, feel free to reach out to us if you have any additional questions. Our skilled Family Law Dubai Lawyers will resolve your doubts shortly. Let us now show you the answers to these frequently asked questions: 4.1. “How can your family law divorce attorneys help me?” They can provide you with help regarding several issues such as divorce, child support, division of marital assets, allocation, and more. Moreover, our family law custody attorney can help you address your legal problems related to family law, enabling you to consider your options while guiding you in every step of the process. Most importantly, they can represent you in every family legal dispute but the mandatory conciliatory procedure, in which you must attend yourself. Thus, you can reach out to us by any of our contact means, and discover all that we can do for you regarding Family Law. 4.2. “Does the UAE Family recognize same-sex marriages?” In the UAE, same-sex marriages go against Shari's principles. Hence, they will not be recognized even if they have a valid foreign marriage contract. Other examples of unrecognized marriages in the UAE because of Shari’a law are marriages between a Muslim man and a woman of another religion besides Christian or Jewish. 4.3. “Does the Family Law allow me to adopt children in the UAE?” No, it does not. In the UAE, adoption is prohibited by Islam. However, you can take care of orphans or abandoned children if you do not give them your family name. In this case, you and your wife will be considered by law as foster carers. Our family law custody attorney can guide you for further quiries. 4.4. “Why should I pick Connect Legal as my Family Law firm Dubai?” With us, you can find the best family law divorce attorneys issues to help you solve your legal problems. From divorce to finances and property disputes, we can assist you in dealing with any legal concerns. At Connect Legal, we believe in doing meaningful work, giving our clients legal advice and support in these unpleasant times. We also can provide you with our services in other practice areas, such as Corporate Commercial Law and Labour Law. Contact us as soon as possible to discover all the aspects in which we can help you regarding Family Law Dubai.
- Experienced family lawyers that guide you through difficult proceedings
- The advice of specialists in family law to make important decisions