Briefly summarize the position in your jurisdiction. The UAE is not a signatory to the Hague Convention. Within UAE laws, there are no statutory provisions specifically dealing with child abduction. Leave to Remove/ Applications to take a child out of the jurisdiction Summarize the position in your jurisdiction Post divorce, if the custodian of the […]
Briefly summarize the non court based processes available in your jurisdiction and the current status of agreements reached under the auspices of mediation, collaborative law and arbitration. In relation to Family law, the only use of mediation is through the Family Guidance Committee, the commencement of most family cases must be referred here. The committee […]
What are the main jurisdictional requirements for the institution of proceedings in relation to divorce, property and children? There are a number of exceptions, but in general, the Courts of First Instance (the lowest tier of court) have jurisdiction over family cases filed against citizens or foreigners who are domiciled or resident in the UAE […]
For Muslims in the UAE, divorce is the cancelling of the valid contract of marriage between the parties. The divorce can be commenced by the husband, or by the wife if her husband gave her the right to do so (Isma’) in the marriage contract. If the wife is not given the right to divorce […]
1. Sources of Law 1.1 What is the primary source of law in relation to the breakdown of marriage and the welfare of children within the jurisdiction? Dubai is one ‘Emirate’ within the ‘United Arab Emirates’. Seven Emirates make up the UAE being: Dubai; Sharjah, Abu Dhabi, Fujeira, Ras Al Khaimah, Um al Quwaim and […]
What are the main jurisdictional requirements for the institution of proceedings in relation to divorce, property and children? There are a number of exceptions, but in general, the Courts of First Instance (the lowest tier of court) have jurisdiction over family cases filed against citizens or foreigners who are domiciled or resident in the UAE […]
Custody laws in the United Arab Emirates are mainly transcribed in Federal Law No. 28 of the year 2005 (UAE Personal Affairs Law), and I will refer to these articles in covering the Court’s discretion in family law issues. A recent custody case at our firm shows some of the reasons behind a final decision […]
The vast deserts, the bustling cities, and the enormous skyscrapers of the United Arab Emirates eclipse the comprehensive legal system that accounts for the everyday workings of daily life. For those living in the country and those that understand the ins and outs of the system, it is a magnificent organism that details the protection […]
Most women seeking divorce have 3 priorities: 1. Divorce Certificate2. Custody of the children3. Maximum Financial support and settlement 1. Divorce: After the No Objection Certificate (NOC) is received from the Family Guidance Committee in order to file the case, the claimant can proceed to court. In court, the woman is usually asked to produce […]
Donn Fullenweider of Fullenweider Wilhite in Houston has been selected as one of five 2016 recipients of the Texas Bar Foundation’s Outstanding 50 Year Lawyer Award. Twenty four years after founding the firm of Haynes & Fullenweider, during which he and his former partner represented Dr. John Hill in the infamous murder trial of 1970, […]
90% of the cases will involve witnesses and they can have the biggest impact on the outcome of the case, hence reading the article will provide valuable information to ensure a strong claim. We will explain who are accepted as witnesses and what their impact could mean for the outcome. Witnesses are also accepted by […]
Introduction In this Article we will explain the kind of correspondences that the court accepts, and the role of the mediators in the processes of the family courts, whose purpose is to communicate between the parties to settle an amicable solution to the family dispute. 1. Acceptable Correspondence The Family Court in Dubai considers and […]