Family Law lawyer UAE Best Lawyer in Abu Dhabi family law & divorce cases. Mohamed Al Marzooqi Advocates and Best lawyer UAE Best Lawyer Dubai
Family Law
Family Law lawyer UAE Personal status lawyer in Dubai, Abu Dhabi UAE – We provide full legal services, advice and assistance. Explore your full range of options for a legal situation – UAE Law
Family Law
Family law consists of a body of statutes and case precedents that govern the legal responsibilities between individuals who share a domestic connection. These cases usually involve parties who are related by blood or marriage, but family law can affect those in more distant or casual relationships as well. Due to the emotionally-charged nature of most family law cases, litigants are strongly advised to retain legal counsel. Mohamed Al-Marzooqi advocates & consultancy provides consultation; call us today: Abu Dhabi 02-6584004, Dubai: 04-2253131
Our team of family lawyers is experienced in dealing with family law & divorce cases. Our foremost aim is to achieve an amicable settlement between the parties seeking divorce in order to avoid any further conflict which if not possible we make sure to leave no stone un-turned in safeguarding the rights of our clients.
In Matters of divorce we also file for maintenance cases either before or during the divorce. Maintenance right is not only bestowed on the wife but also upon all the dependents of a person which includes the children and the parents of the person and therefore each of them has a right to claim the same. Divorce process is sensitive and private, confidentiality is enforced in the firm and all staff members are monitored to maintain privacy during and after the divorce is successfully legalized.
The vast majority of family law proceedings come about as a result of the termination of a marriage or romantic relationship. Family law attorneys help their clients file for separation or divorce, alimony, and child custody, visitation, and support. Spouses married a short time may seek an annulment, and special rights may exist between same-sex couples. The division of property at the end of a marriage is also a common issue in family law cases.
Sources of law The United Arab Emirates (UAE) is a federation of seven emirates: Abu Dhabi, Dubai, Sharjah, Ajman, Umm al-Quwain, Ras al-Khaimah and Fujairah. This federation was formally established on 2 December 1971.
The UAE legal system is founded on civil law principles (most heavily influenced by Egyptian law) and Islamic Sharia law, the latter constituting the guiding principle and source of law (Public Order).
UAE legislation is formulated into a number of major codes providing for general principles of law with a significant amount of subsidiary legislation. The UAE has over the last 30 years expanded its legislation to include a comprehensive body of federal legislation in the form of federal codes of law and Emirates’ laws issued as decrees by the ruler of each Emirate.
The relevant laws regarding family matters are:
– Federal Law No. 28 of 2005 (Personal Status Law).
– Federal Law No. 11 of 1992 (Civil Procedure Code).
– Federal Law No. 5 of 1985 (Civil Transactions Code).
The UAE’s Sharia-based Personal Status Law covers marriage, divorce and succession. The courts’ interpretation of family law provisions are based on Sharia, which the UAE mandates is used as the primary legal justification on matters involving family law. The commentary of this law is heavily oriented and related to Sharia principles following the Imam Malik School.
The Sharia-based Personal Status Law applies to non-Emiratis, unless they choose their own home-country’s law (Article 1, Personal Status Law). It also applies to all Emiratis “except where non-Muslim Emiratis have special rules relating to their specific creed or sect”. The exceptions to this rule arise when the husband holds two or more passports. Exceptions also arise when the foreign law does not cover a particular aspect of the case, or wherever there is ambiguity in the foreign law or when the foreign law relevant provision is in conflict with Sharia; in these cases the law of the UAE will be applicable exclusively. To safeguard the rights of non-Muslims, they can have special regulations relating to their religion and sect (Article 1.2, Personal Status Law), but the above exceptions also apply.
The Personal Status Law also governs child custody, guardianship and maintenance of children. This law is a complete guide to dealing with all matters of divorce, custody and guardianship within the UAE (in particular, Articles 142, 143, 144, 149 and 150). The issue of custody relies wholly on the best interests of the child, according to the ruling judge’s discretion, as the right of custody is the child’s right not the mother’s or father’s.
Court System
Every Emirate in the UAE has its own courts. All UAE courts comprise a Court of First Instance and a Court of Appeal. The Dubai court has its own supreme court called the Court of Cassation. The other Emirates have the UAE Federal Supreme Court in Abu Dhabi as their supreme court. Each of these courts has a civil, commercial, criminal and Sharia division. The Sharia division is competent to hear civil matters for Muslims and non-Muslims, most of which relate to family disputes and family matters.
Filiation matters are cases where the parentage of a child is sought to be found. Generally these are cases where one party asserts the paternity of a child while the other denies it. Medical evidences play an important role in such cases.
We are well acquainted with all the procedures and legal requirements of adoption and therefore provide full legal assistance for the same.
Succession & Inheritance are matters that are many times responsible for the breakdown of many families and therefore we ensure our fullest commitment towards an amicable settlement in order to avoid estrangement within the family. We also provide our full legal assistance, consultancy and representation to our clients in all court cases.
Family law also involves the prevention of physical and emotional abuse. The potential for domestic abuse is not limited to relationships between current or former spouses and their children. Judges will not hesitate to assert jurisdiction to protect an elderly family member, someone in a dating relationship, or even a roommate. When allegations of abuse are made, the court will typically issue a restraining order to prevent further contact.
In a contested family law case, most people understand that hiring a skilled attorney will provide an advantage. An attorney can find assets or income the other party is trying to hide, present arguments regarding child support and visitation, and even take the case to trial if settlement talks fail. Attorney representation is just as crucial in uncontested cases, however. Without it, a party is vulnerable and can unknowingly waive important legal rights. Family Law lawyer UAE
Family dispute resolution
Mediation, collaborative law and arbitration
Filing for a divorce in the UAE begins with a reconciliation process. The Family Guidance, which is the reconciliation entity, determines whether there is sufficient cause for divorce. The conciliator is the adjudicator who establishes whether the causes are sufficient to grant a divorce. The conciliatory process is mandatory under law; therefore, a conciliation proceeding is considered a court proceeding.
The conciliator’s role is primarily to assist an amicable separation (to reach a settlement agreement). If the terms of the settlement agreement are disputed before or during the conciliation process, the case is referred to a judge of the Family Court.
If reconciliation is effected before the reconciliation committee (Committee for Family Guidance) the minutes will be signed and authenticated by a competent judge, who has the power of writ of execution. These decisions are not contestable unless they are contrary to the law, for example, granting custody of a child to a neighbour by the parties of such settlement agreement.
If the conciliator feels that an agreement is not realistically attainable, he refers the case to a judge of the Family court.
