Family Lawyers in Dubai, Abu Dhabi & UAE
Family law applies to the practice field of law that handles a wide range of matters like child custody, allocation, parenting orders, property disputes, and many other family-related legal concerns. Given that these are usually delicate legal issues, it is a good idea to rely on family lawyers in Dubai, Abu dhabi for legal guidance and support to help you find a solid solution. Apart from that it is also important to understand What do Family Lawyers Do.
Each person has different needs when it comes to family law concerns. Connect Legal assists in a variety of topics relating to family law matters. Counting on legal advice UAE will give you a great advantage. From giving you all the information you need, to resolve any parenting dispute, our family lawyers in Dubai will be your best bet.
1. What is the Personal Status Law and to whom does it apply?
The Personal Status Law is part of the Family Law. Within the UAE, this law controls marriage, succession, child custody, support, and guardianship. It is based on Sharia, which is the interpretation of the Qur’an as well as the Prophet’s traditions blended with the Sharia principles of the Imam Malik School.
The Personal Status Law applies to the UAE’s seven emirates. Luckily, you can find a great number of legal services provided by Best family lawyers in Dubai and other regions. It also extends to both non-Emiratis and Emiratis, unless individuals opt to follow the law of their nation. This law is not applicable in the following situations:
- Either party has more than one passport from a different country.
- A certain feature of the case is not covered by foreign law.
- When there is uncertainty in foreign law or if the applicable foreign law provision contradicts Sharia law.
There are unique religious and sectarian rules in place to protect the liberties of non-Muslim Emiratis. However, the exclusions listed above also apply. For any legal consultancy, the best recommendation is to count on family matter lawyers in Dubai. Their experiences and knowledge of the field are a great plus.
2. Local courts’ jurisdiction in marriage, property, and child custody actions
In general, every emirate’s Personal Status Court is competent to hear family law matters by nationals or foreigners having a domicile in the emirate. Or defendants with business premises in the emirate. Here in Connect Legal, our family lawyers in Dubai, Abu Dhabi are particularly qualified to handle any legal cases, providing the best legal services.
On the other hand, the court has jurisdiction in additional cases, such as where the matter involves: Opposition to a planned marriage in the state. A demand for rescinding or annulling a rejected marriage. An alimony claim, in which the parent, wife, or child resides in the state. And finally the allegiance of a kid.
As well as the personal status dispute in which the applicant is a national or an immigrant resident in the jurisdiction. Or the opponent has no documented residence in a foreign nation but operates a company in the state.
Under certain conditions, UAE courts have the authority to hear cases against foreign persons who do not have an address or location of residence in the nation. In those situations, family lawyers in Dubai, Abu dhabi will serve as the best legal consultancy in the UAE.
2.1 Same-sex civil partners and spouses
Even when a marriage contract is from the nation in which the marriage took place, same-sex weddings are neither legal nor valid in the UAE. Because civil unions are not marriages, they are not valid in the UAE.
Civil weddings between non-Muslims done overseas, on the other hand, are sometimes valid when they count with the proper authorization from the UAE. In any case, the best thing to do is to hire legal advice UAE. Family lawyers in Dubai have to take a look at your case and propose the best course of action.
In some sorts of cases, such as real estate, the courts will disregard a selection of jurisdiction clause. Legal consultancy with family court lawyers in Dubai will take the following factors into account while determining jurisdiction in property-related matters:
In proceedings in rem involving real property or actions for possession. Vesting competence in the court whose area contains the real property, or a portion of it.
In proceedings in personam involving real property. Granting competence to the court in whose jurisdiction the actual property is situated or the defendant resides.
3. Validity of post and pre-nuptial agreements (late dowry)
Some people wonder about how to arrange a nuptial agreement in the United Arab Emirates. However, legal advisor in the UAE, like family Court lawyers in Dubai will explain to you that in UAE law, there is no such concept.
For Muslims, however, it is usual for the husband to give the woman a “late dowry,” which is a sum of money or property as a monetary backup if he dies. If it is according to the marriage contract, the dowry is payable to the wife.
Dowry agreements must take precedence over inheritance and be final. Before dispersing the remaining inheritance, any property owing to the deceased’s widow should be transferred to her. If you need to deal with any of these matters, you should obtain the legal consultancy of family lawyers in Dubai, Abu Dhabi.
3.1 Foreign prenuptial agreements
A pre-nuptial agreement’s terms may be recognized and prosecuted if the pertinent foreign court recognizes them as legal and they do not contradict UAE law. When pre-nuptial agreements clash with Islamic Sharia, family lawyers in Dubai will dismiss them.
Pre-nuptial agreements are enforced by the courts and can you can obtain make sure to have them in place with the help of legal consultancy. These arrangements are entered into before the conciliation procedure via an attestation process and certified by the court as a verdict. Attestation entails the following steps:
- Notarizing the agreement in front of a notary.
- Obtaining attestation from the Emirates Embassy in the home country.
- It is being couriered to the UAE, where the paperwork is being reviewed at the Ministry of Foreign Affairs.
All ex-pats need to hire legal services and family lawyers in Dubai to make sure they count on all the requirements. Any papers presented to the courts must be written in Arabic. Before presenting it to the court, the Ministry of Justice must approve the translation. To improve the possibility that the pre-nuptial agreement will be enforced by the court:
- The provisions of the arrangement must be reasonable at the time that the contract is reached.
- Both people must comprehend the prenuptial agreement and its implications.
- Both partners should get separate legal advice UAE on the prenuptial agreement.
- The parties should communicate financial information and make all assets available to each other.
Cases involving pre-nuptial agreements will not be addressed by the courts. Looking for legal advice UAE must be of the top priorities for expats. If you want to have the best legal consultancy, you should hire family lawyers in Dubai, as you cannot expect to have Family Lawyers for Free Consultation.
3.2 Post-nuptial agreements
Even though the Emirates courts may be involved in these accords on a conciliatory level, they will not declare verdicts on them. As a result, although they are legitimate under relevant international law, they are not actionable in the UAE. That is the reason why family lawyers in Dubai will not advise you to try to take them to court.
3.3 Matrimonial property regime
The Emirates does not allow for the division of assets, money, or income in the event of separation. When a marriage ends, each person normally keeps the property that is in their name.
Any shared property, whether obtained individually or jointly by either partner or contested property, is handled by the courts separately from family law procedures.
The court assesses each party’s share of the purchase cost. Each party needs to give proof of their contribution. Family lawyers in Dubai, Abu dhabi will assist the case, but the judge has the last say on who gets the property.
4. Recognition of expats marriages
In most circumstances, marriage contracts, annulments, and civil unions are legitimate. However, there is a protocol to follow. With the help of family lawyers in Dubai, the process will be ready as soon as possible.
The Ministry of Foreign Affairs validates the original certificates. For expats, it is essential to have legal advice UAE, mainly due to cultural and legislative adequacy. The transcription of the documents must be in Arabic by an official translator. With the support of a team of family lawyers in Dubai you can go through this process swiftly.
Due to Sharia law, some marriages and civil unions are not valid in the UAE. Even if the nation in which the union took place provides a valid marriage license. Family lawyers in Dubai will clarify this when facing the following:
- Marriage between two people of the same sex.
- The marriage between a guy who is not Muslim and a Muslim lady.
- Marriage between a Muslim man and a lady of a different religion, that is not Jewish or Christian.
- Civil weddings between Muslims.
5. Financial claims on behalf of children
Child support pays for all expenditures related to the child’s care. When going through any family legal matter it is important to have the assistance of family lawyers in Dubai or Family Solicitors Failing to provide this payment can bring serious consequences. As a result, child upkeep includes numerous components, including:
- Extracurricular activities are available.
- Medical bills.
- Domestic workers
- Airline tickets
Following a separation, a father is accountable for giving this support to his kid. The kid’s level of life must be as near to what the youngster was accustomed to throughout the marriage as feasible. The legal advice UAE provided by family Law lawyers in Dubai is to cause as little interruption to the child’s life as possible.
A parent does not have to transfer money to his children if he is paying for the kid’s upkeep. Even if a parent transfers capital to his kid, the courts will nonetheless require structured child support payments. Amounts depend on the husband’s income and are often set to 30% of his salary. A father has the option of paying extra.
A parent is accountable for a boy’s upkeep until he completes his schooling, and for a lady’s upkeep until she marries. A youngster can sue their father for education fees since maintenance should be provided until the child completes their schooling. In case this event happens, you should acquire the legal services of family lawyers in Dubai.
6. Custody and parental responsibility
Parents do not have the same parental duty to their children under Sharia law. The idea of parental responsibility differs from that in other countries. The mother and father have different roles under UAE law. Under Islamic law, two fundamental concepts regulate the care of children: custody and guardianship.
When a marriage ends, the mother usually becomes the caretaker and the father turns into the guardian. A mother, on the other hand, is an incompetent custodian if she marries again, develops mental health issues, or faces a charge of a criminal offense.
If a woman loses custody, then the father is becoming the custodian. If he has a female caregiver, such as his mother, sister, or wife. According to the law, the judge shall select the best custodian for the kid. Relying on legal assistance from family Law lawyers in Dubai would help make the transition easier.
Custody granted to women terminates when a male kid hits the age of 11 and a female kid reaches the age of 13. The courts can consider it is in the best interests of the child to prolong this time. Then it will be until a male achieves the legal age (21 years old) and a female child marries.
Custodians are the kid’s primary caregivers, accountable for their day-to-day requirements such as feeding, clothing, and cleanliness, as well as including physical custody of children.
Guardians are regarded as the suppliers of financial and significant resources, such as maintenance, costs, school fees, and housing for the kid.
7. Family Law during COVID-19
The Dubai Personal Status Court launched online smart applications on April 19, 2020, and court hearings resumed via digital sites and video conferencing. Courts must resume normal operations over the following few weeks. Family lawyers in Dubai or Family solicitors continue to work in Digital manners.
Legal family matters that had previously been filed for mediation are now going either via phone or video call, or they have been delayed and rescheduled for later dates. Individuals can still subscribe to sign the papers online, but the wait between the first meeting with the facilitator is much longer than it was pre-COVID-19