Divorce is an unpleasant event in anyone’s life. It brings with it a great deal of trauma, suffering, panic, agony, and heartbreak to the couple. However, in some situations, it is an ideal way out to resolve the reconciling disputes and issues.
Family laws are normally intricate and sensitive. In the UAE, there is a diverse range of people coming from various backgrounds, religions, ethnicities, castes, races, and cultures. Therefore the UAE government has made an effort to integrate them well into Arabian culture. You can search the List of Family Law Lawyers and Legal Consultants here as well. Visit and meet with the top Lawyers and Legal Consultants.
In recent times, a lot of people plan before getting a divorce. A lot of couples sensibly part ways and thus, plan out the process of divorce. Nevertheless, there is a huge chance that couples agree on disinheritance. It is done with a motive to protect the assets, property, and finances of an individual.
Therefore, people can secure their assets and finances by planning the disinheritance during the judicial separation process. Family laws in the UAE were strict in the past but now a leverage is issued with the advent of changes.
Nonetheless, the legal landscape of the UAE has been changing to integrate the diversity of people. Therefore, the evolving law is inevitable. The changes are introduced to adapt to the complexities.
The breakthrough was made with the alterations in the Federal Law on Civil Transaction Laws and Personal Status Law.
This article delves into details about the changes brought to the family laws in the UAE. It further sheds light on the implication of the alterations over the expats who are planning to get divorced.
Moreover, it also focuses on the role of the legal professionals who can navigate through the complex family matters in the UAE.
It is essential to understand the Legal Changes introduced in the UAE. As UAE is home to 90% expatriates, there have been substantial evolving personal laws. The most recent changes were related to a shift in the application of Personal Status Law.
The changes are brought regarding the choice of law which was previously different. In the past, the nationality of the couple was used to determine the application of the law. There are financial and personal implications of a marriage contract. In the recent development, these effects have been accounted for in the state of the law. As per the new reforms, the departure is taken from the old practices.
Under the previous practices, the nationality of the husband determines the applicable laws and regulations.
Furthermore, this has opened new horizons for the application of various laws. Now the foreign rules and regulations can be heard before the courts in the UAE.
The onus remains with the judiciary of the UAE which is responsible for adjudicating and interpreting of foreign laws. It is upon the judges and juries to correctly determine the laws following the family matters of foreign on non-Muslim couples.
There is an application of Foreign Laws in Divorce Matters to facilitate the expats in the UAE. This gives them a homely and comfortable feel. Often for the contested divorces that involve expatriates, the laws are applied where the marriage took place.
Besides, the same is applied to governing the division of assets upon divorce. Nevertheless, this is not absolute. The provisions and clauses play a vital role here in this scenario.
There is an introduction to the New Decree-law in Abu Dhabi. It is named ‘Personal Status for Non-Muslims in the Emirates of Abu Dhabi ’. It specifically regulates the personal status and family matters of the non-Muslims living in the state.
The Abu Dhabi Decree-law applies to all non-Muslim foreigners who are settled or reside in the state. It is applied to all non-Muslims irrespective of sex, background, ethnicity, domicile, residence, or job in Abu Dhabi.
There are specific laws and rules for financial rights after the divorce in Abu Dhabi:
The economic scenario also affects the alimony. The economic condition of both spouses is used for calculating the amount of alimony.
The compensation for Harm is given. The extent of harm includes negligence, harm, and harmful acts resulting from divorce. It impacts the financial obligations. In case, a spouse remarries it results in changes in alimony. Alimony terminates if the wife remarries.
Additionally, the new decree-law permits for amending over alimony. It is confirmation based on changes in the circumstances. The requested amendment can be submitted to the court on an annual basis.
The Role of Lawyers, attorneys, and legal consultants in Family Matters is crucial. The legal landscape involving family matters is complex. Divorce is even more complicated and thus to avoid the problems faced by the expats in the UAE. To seek legal support is equally critical due to many reasons.
Lawyers and attorneys can guide individuals through the legal process involving divorce. They make sure compliance takes place to consider the relevant laws and regulations.
The protection of the rights is also considered by focusing on the best interests. The recent alterations in family matters in the UAE shed light on the need for legal expertise, skills, and understanding of laws and regulations.
