Family Law
UAE is hub of multi-layered activities and pulsating urban life that draw the attention of people across the globe. It is not only alluring to the people of Muslim community; but a lot many other people from diverse religious and cultural background has also flocked towards the green pastures of this country. There are quite a substantial number of immigrants who are living with families in UAE from other nations along with the indigenous population.
It becomes, therefore quintessential for everyone who is residing in UAE to be well versed with the family law of the nation especially pertaining to custody, divorce etc.
Let’s elevate our awareness in this regard as we go through this article. First of all, the child custody disputes are settled on the basis of Islamic law, also known as Shari's law in the UAE. The UAE nationals and non-UAE nationals can file the custody cases in the UAE but for that they need to have authorised figure to represent their case in the UAE family courts. Moreover, the non-Muslims can also file the case UAE family courts which will be settled by the Shari's law.
There are many aspects that are considered while setting the dispute of custody in the UAE courts. The key aspects that are analysed are the religious aspects, permanent residence, income and the mother's marital status after the separation. It is apparent that Muslim males are given favourable backing but in the case of young age of the child the custody can be given to mothers predominately.
In addition to this, when the child attains the 'age of discretion' that is the age when he or she can decide upon his or her decisions then it becomes the choice of that child to select the preferred parent. In case, both the parents are incompetent then even the grandparents of the child tend to get the custody. Every judgement is decided upon the analysis of the unique case and circumstance, but all in all the ultimate jurisdiction rests with the Shari’s law in UAE.
Similarly, the divorce cases are equally intricate in the country. No doubt, the divorce is permitted under the Islamic laws yet it still goes through rigorous process before granting the judgements. The UAE family courts accept the cases from different nationalities, muslin and non Muslims. Before the legal preceding the family counsellor also intervene to have insightful understanding of the situations and the problems pertaining to the marital conflict. They can be given three months time to resolve the problems before the commencement of the divorce process.
If the marital problems still exists then there are legal proceedings and the couple can be granted divorce after thorough scrutiny. A women can obtain 'khula' or separation if it is justified and proved that the husband no longer bear the responsibility or competence. In this case, her dowry is returned to her.
It is quite clear that in order to go about sensibly and conscientiously in the legal proceeding we need the guidance of legal experts to represent our case. In this regard, the experienced and well-qualified team of Zarooni Advocates & Legal Consultants will surely pave your way toward stress free and successful legal help which will not only help you save your valuable time but also your hard earned money in settling your family disputes. Hence, you make sure that you are opting for the ‘authentic’ legal help.
UAE is hub of multi-layered activities and pulsating urban life that draw the attention of people across the globe. It is not only alluring to the people of Muslim community; but a lot many other people from diverse religious and cultural background has also flocked towards the green pastures of this country. There are quite a substantial number of immigrants who are living with families in UAE from other nations along with the indigenous population.
It becomes, therefore quintessential for everyone who is residing in UAE to be well versed with the family law of the nation especially pertaining to custody, divorce etc.
Let’s elevate our awareness in this regard as we go through this article. First of all, the child custody disputes are settled on the basis of Islamic law, also known as Shari's law in the UAE. The UAE nationals and non-UAE nationals can file the custody cases in the UAE but for that they need to have authorised figure to represent their case in the UAE family courts. Moreover, the non-Muslims can also file the case UAE family courts which will be settled by the Shari's law.
There are many aspects that are considered while setting the dispute of custody in the UAE courts. The key aspects that are analysed are the religious aspects, permanent residence, income and the mother's marital status after the separation. It is apparent that Muslim males are given favourable backing but in the case of young age of the child the custody can be given to mothers predominately.
In addition to this, when the child attains the 'age of discretion' that is the age when he or she can decide upon his or her decisions then it becomes the choice of that child to select the preferred parent. In case, both the parents are incompetent then even the grandparents of the child tend to get the custody. Every judgement is decided upon the analysis of the unique case and circumstance, but all in all the ultimate jurisdiction rests with the Shari’s law in UAE.
Similarly, the divorce cases are equally intricate in the country. No doubt, the divorce is permitted under the Islamic laws yet it still goes through rigorous process before granting the judgements. The UAE family courts accept the cases from different nationalities, muslin and non Muslims. Before the legal preceding the family counsellor also intervene to have insightful understanding of the situations and the problems pertaining to the marital conflict. They can be given three months time to resolve the problems before the commencement of the divorce process.
If the marital problems still exists then there are legal proceedings and the couple can be granted divorce after thorough scrutiny. A women can obtain 'khula' or separation if it is justified and proved that the husband no longer bear the responsibility or competence. In this case, her dowry is returned to her.
It is quite clear that in order to go about sensibly and conscientiously in the legal proceeding we need the guidance of legal experts to represent our case. In this regard, the experienced and well-qualified team of Zarooni Advocates & Legal Consultants will surely pave your way toward stress free and successful legal help which will not only help you save your valuable time but also your hard earned money in settling your family disputes. Hence, you make sure that you are opting for the ‘authentic’ legal help.
