Family Law Firms and Family Law Advocates, as this is also proved through the words are those legal experts who are known as the Advocates with expertise in Family Law. The Family Law expertise means that a Lawyer must need to have the legal expertise in Family Law for Muslims and Non-Muslims in UAE. He must know about legal documentation, pre-nuptial agreements, post-nuptial agreements, court representations and more. The Family Law Advocates and Legal Consultants in UAE, have to be UAE National Lawyers. They need to have a professional degree, license to practice and more than 18 years of age. These Advocates in Dubai are hired for marriage issues, divorce, child custody, alimony matters, and joint assets distributions or to resolve the joint asset issues, joint custody and many other things. UAE hosts more than 9 million expats from different countries. People from various ethnicities, backgrounds, cultures, religions, and nationalities live in the UAE. Almost 90 percent of the total population is based on Europeans and south Asians. Let us repeat that UAE National Advocates and Legal Consultants, have right to appear in Courts.
The Family Law in UAE
Family Law in UAE is also referred to as Personal status and its amendments are called personal status law that covers family matters. It includes all aspects including marriage, divorce, maintenance, succession, guardianship, child custody, and other family-related matters. The personal status law has taken guidance from sharia law which is the Islamic principle and its traditions. They apply to UAE nationals as well as other residents (Muslim expats). Non-Muslim Expats can also open the family disputes in Court by choosing their country or religion’s law. To facilitate the expats, UAE has been permitted to apply foreign laws in UAE courts. According to the latest amendments made, foreign laws are now applicable in the country. In the case of solemnizing the marriage, this application is applied with the provisions of the UAE civil code. However, there are several underlying terms, clauses, and conditions.
Family law in the UAE is not too complex due to its diversity. The country is home to people from different regions who seek residence in the UAE. Therefore for judicial matters, this invites a variety of national laws to serve justice.
Divorce Types & Family Guidance System
According to the personal status law, the divorce is done from ‘mutual consent’ or ‘contested divorce’. There are family guidance centers along with family courts in the country. The centers are established to encourage families to resolve their family disputes with the assistance of a mediator or counselor. Various kinds of family matters are directed to their family guidance centers. This can include marital discord, maintenance claims, and so forth. The key role of the centers is to initiate mediation between the disputing parties. The motive is to seek an amicable resolution to the problem. Once the dispute is resolved there will be a written agreement of settlement.
On the contrary, if the dispute remains unresolved, then the parties are free to approach UAE courts for the legal process. The family guidance center will issue a ‘no-objection certificate to the parties to permit them to go to UAE courts. For the contested divorce for expat, the applicable law that governs the separation is according to the country where the marriage was solemnized.
New Laws in UAE for Non-Muslims
In the recent changes made, a special rule was introduced for Abu Dhabi. They have introduced unilateral divorce in case of a divorce between a Non-Muslim. Under the law, unilateral divorce is granted by the courts to the couple if any of the two expresses his/her desire to terminate the marriage. They don’t need to give any solid justifications to the court or put blame on anyone. The Divorce will be granted after the no-objection certificate is received from the family guidance centers. The couples need to go through the mandatory mediation process before seeking separation from each other. This new provision is only applicable to foreigners and non-Muslims. Male or female it applies to both who have a different domicile and place of residence.
Further, for a legal advice or the legal services, we suggest to book the legal appointment and consult the UAE National Lawyers. Al Shaiba Advocates and Legal Consultants, Ask The Law, is the good option among all legal service providers.