Family Law Dubai

Family Law Dubai

Family Law in UAE:

In the UAE, family law is regulated by Islamic law (Sharia) as well as government rules and regulations. The Personal Status Law (PSL) regulates family issues such as marriage, divorce, child custody, and inheritance. Here is a more in-depth look at some of the most important elements of UAE family law:

Marriage:

Under the PSL, a Muslim man can marry a Muslim woman, a Christian woman, or a Jewish woman, but a Muslim woman can only marry a Muslim man. Both parties must have reached the legal age of 18 and must have their guardian's consent if they are younger than 18. The parties must also provide proof of their identity and marital status. The marriage contract must be registered with the relevant authorities in order to be legally recognized.

Polygamy:

Polygamy is allowed under Islamic law, but there are restrictions. A Muslim man can have up to four wives, but must have the consent of all wives and must treat them equally. If the man cannot treat his wives equally, he must only have one wife. The PSL also requires the man to prove that he can financially support all of his wives and their children.

Divorce:

Divorce is allowed under Islamic law, but there are specific requirements and procedures that must be followed. A Muslim woman can seek a divorce if her husband has mistreated her, is impotent, or has abandoned her for a period of at least three months. A Muslim man can seek a divorce for a variety of reasons, including his wife's disobedience or failure to fulfil her marital duties. In all cases, divorce proceedings are handled by the UAE courts.

Child Custody:

Custody of children is generally granted to the mother in the UAE, but the father retains the right to be involved in the child's life and make decisions regarding their upbringing. The court will determine the best interests of the child when making custody decisions. In cases where the mother is deemed unfit to care for the child, custody may be granted to the father or another family member.

Inheritance:

Inheritance is governed by Sharia law and generally follows the principle of distributing the deceased's assets among their family members, with males receiving a larger share than females. However, the deceased can make a will that specifies how their assets should be distributed. If there is no will, the court will determine how the assets should be distributed according to Sharia law.

Domestic Violence:

The UAE has several laws and regulations that protect victims of domestic violence. The Domestic Violence Law provides legal protection to victims of domestic violence and outlines penalties for perpetrators. The Child Protection Law also provides legal protection to children who are victims of abuse or neglect.

Overall, family law in the UAE is complex and can vary depending on the specific circumstances of each case. It is recommended that individuals seek the advice of a qualified lawyer who is familiar with UAE family law when dealing with family law matters in the UAE.