Disinheriting a spouse is a matter of concern for couples who are considering divorce and wish to protect their assets during the separation process.
Family Law issues can be complex and intricate, particularly in the UAE. In the UAE, there is a diverse expatriate population from various nationalities residing in the country. Every point needs to be checked with Family Lawyers belong to reputed Law Offices in Dubai, UAE.
- Family Law in the United Arab Emirates (UAE) is based on a combination of Islamic Sharia Law and Civil Law principles. It governs various aspects of family relationships which may include marriage, divorce, child custody, inheritance, and alimony. But for Muslims, just Sharia Law is possible, applicable and considerable. As per the new rules and laws the Non-Muslim expatriates can choose the law of their country or place of living.
- Under Family Law United Arab Emirates, the marriage is a legal contract that happens between a man and woman as husband and wife. Both parties must provide their free consent. In United Arab Emirates, Muslim couples can marry under Islamic Sharia law.
On the flip side, Non-Muslim couples can marry according to their respective religious or personal laws. Polygamy is permitted for Muslim men with certain terms and conditions. If the first wife is not giving permission then man can prove his right in court and get the permission from court to get married again.
In case of divorce, the UAE follows a no-fault system, and either party can initiate divorce proceedings. Child custody is generally given to the mother all over the world. But, the father has visitation rights. They may be granted custody in specific circumstances. Please be noted this is just for Non-Muslims.
- Child Support and Alimony are decided on few factors. These factors are length of the marriage, financial situation etc.
Inheritance Laws in United Arab Emirates are influenced by Islamic principles. There are specific rules on the distribution of assets among family members, including spouses, children, and other relatives.
It’s important to note that Family Law in the UAE can vary depending on the emirate and the nationality of the individuals involved. For the Non-Muslims, personal laws of different nationalities may be applicable.
To address the complexities arising from the application of different personal laws based on nationality, the UAE has introduced major changes. They have made significant changes to their laws and legislation.
One significant change is the new introduction of Federal law. This amends the Civil Transactions Law and Personal Law of 2005. All the amendments have brought about crucial changes most specifically regarding family matters.
The applicable law was decided based on the nationality. Now with the new amendment, the law of the state where the marriage was contracted governs its validity.
Furthermore, the financial and personal effects resulting from a marriage contract. They are now governed by the law of the state where the marriage took place, rather than the husband’s nationality at the time of marriage.
These changes have opened up the possibility of applying different foreign laws before UAE courts. It will be placing a significant responsibility on the judiciary to interpret and apply foreign laws correctly. Therefore, when determining family matters judges need to be more active.
In cases of a contested divorce involving expatriates, the law governing asset division upon separation may be the law of the country where the marriage was contracted. However, this rule is not definitive, and other provisions may also apply.
For instance, in the Emirate of Abu Dhabi, a new decree-law called the “Personal Status for Non-Muslims in the Emirate of Abu Dhabi” has been enacted. It is to regulate personal status matters for non-Muslims.
This decree applies to Non-Muslim foreigners, regardless of gender, domicile, place of residence, or place of work in Abu Dhabi.
According to the Abu Dhabi decree, its provisions apply to foreigners residing in the emirate unless they request the application of their home country’s law. In such cases, if the request is made before the court, the court may apply the requested foreign law.
Regarding financial rights after divorce, the Abu Dhabi Decree Law specifies the following rules as mentioned below.
The Length of the marriage is the factor to consider. The amount of alimony increases with the number of years of marriage. The age of the wife makes a difference. The amount of alimony increases with the wife’s age and vice versa.
The economic situation matters the most when doing the calculations. The economic situation of both spouses is taken into consideration when calculating alimony.
The extent of harm leading to the divorce, such as neglect or other harmful acts, is considered when determining financial obligations, including moral damages. Alimony terminates if the wife remarries.
The new decree allows for amending the confirmed alimony based on changed circumstances, and such requests can be made annually to the court.
Dealing with family matters can be unnecessarily complicated for expatriates in the UAE. It is tough to comprehend them without proper legal guidance.
Under UAE family law, marriage is a legal contract, and both parties must provide their free consent. Muslim couples can marry under Islamic Sharia law, while Non-Muslim couples can marry according to their respective religious or personal laws.
In case of divorce, the UAE follows a no-fault system, and either party can initiate divorce proceedings. It’s important to note that family law in the UAE can vary depending on the emirate and the nationality of the individuals involved, as personal laws of different nationalities may be applicable.
Seeking legal advice from a specialized family lawyer is crucial to navigating the complexities of family law in the UAE. Seeking early intervention and legal expertise from an experienced family lawyer can make a difference.
This provides reassurance that your best interests will be secured. It is crucial to seek legal advice from Family lawyers with expertise in family law. Take up attorneys with experience in handling international family law cases before UAE courts.
Family matters can often be emotionally challenging, and relying on a law firm with strong expertise and experience. This ensures that the complexities of the legal process are handled effectively. They navigate through crucial matters with complexities of family law in the UAE.
Note:
No Liability is taken. Please consult UAE based Family Lawyers for setting up a mind or, taking a legal action. Please consult the UAE Based Emirati Attorneys, so you could grab the right opinion and idea, before taking a legal action. It is much essential and inevitable action to be considered and taken. Therefore we recommend please must consult the family lawyers for the latest information and details
