Divorce Lawyers in UAE
An Overview of Divorce Procedures for Indians in the UAE
In UAE, the Personal Status Court accepts divorce cases filed by individuals who are residents within the UAE. In the UAE, divorce decree could be obtained under shari’ah principles for Muslim expatriates and non-Muslims may apply provisions of Federal Law No. 28 of 2005 concerning personal status which allows them to use own personal laws of their home country under which their marriage was solemnized. This is often in accordance with Article 1(2) of the Personal Status Law of UAE which states: \”The provisions of this law shall apply to the citizens of the United Arab Emirates unless non-Muslims among them have special provisions applicable to their community or confession. They shall equally apply to non-citizens unless one among them asks for the appliance of his law.\”
If you\’re a Hindu, Jain, Buddhist or a Sikh, you\’re entitled to submit the legalized translation of the applied grounds of divorce of the Hindu Marriage Act, 1955 in India.
Further, if you\’re a Christian, Parsi or a Jew, you would like to use the legalized translation of the Indian Divorce Act of 1869. Those that had inter-faith marriages or had marriages only through registration (without religious rituals) may apply for divorce by submitting the legalized translation of the Special Marriage Act of 1954 of India. If one among the parties to the wedding may be a foreigner or if Indians married within the Indian Embassy or Indian Consulate abroad, they\’ll apply for divorce by submitting the legalized translation of Foreign Marriage Act of 1969 of India. Muslims are entitled to use the shariah rules as its provisions are broadly uniform throughout the world. However, they may inform the personal Status Court regarding the local customs associated with marriage for Indian Muslims while applying for divorce.
At the offices of FranGulf all over the UAE, we are dealing with all aspects of family law, such as:
Divorce
Our team of family lawyers are experienced in handling divorce and separation matters. We recognize the emotional difficulties that one faces under such circumstances and work with you to resolve the matter in your best interest. We undertake different approaches to succeed, be it through mediation or contested divorce.
Child Custody rights
Custody means day-to-day upkeep and taking care of the kid. In matters of legal separation or divorce, the court decides which party is going to be assigned as the ‘custodial parent’. The overall rule is that it should be with the mother until the son is 11 years old and the daughter is 13 years old. However, this general rule has many exceptions, and it\’s safe to mention that the court looks for the betterment of the kid or children involved.
In certain circumstances the court will provide for ‘joint custody’ which allows both the parents to possess the kid with them for equal amount of time.
Maintenance for wife and children
In divorce and child custody matters, the court determines each parent’s financial responsibility for the financial support to the children involved and establishes the sum of cash to be paid by one party to the opposite.
Under Personal Status Law, the husband and the father is responsible to pay towards all expenses of his wife and children regardless of the woman’s financial standing and income.
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Expertise on Child Custody & Divorce within the UAE
Our legal team of family lawyers understand that individual issues and family law are often hard and upsetting which needs specific solutions. Our team of family lawyers and legal consultants attempt to help clients through the keen legal procedure so as to accumulate practical solutions to an emotional situation.
Our family practice prompts on marriage disintegration and separation, child custody.
Family law, in simple terms, comprises of legal matters which impact families, whether it\’s concerning people related by blood, marriage or adoption.
Child Abduction and Imposing of Travel Bans
Parental child abduction is a criminal offence within the UAE and if you fear that the kid might face risk of parental abduction, then you shall file for child custody and impose travel bans on your child.
“Custody and guardianship of a toddler are defined by Federal Law No (28) of 2005 concerning Personal Status, the mother is the natural custodian of the kid, unless otherwise specified by the court, and therefore the father is the guardian who holds the rights of supervision and maintenance of the child”.
Under the UAE family laws, father of the kid being the trustee possesses the right to impose travel ban on the kid and similarly the mother of the kid can make similar requests if she fears that her spouse may abduct the kid.
In instances wherein travel ban has been imposed on the kid, either parent can request the court to rescind the order of travel ban by submitting a guarantee of the child’s safe return to the UAE. The court will view your case on its merits and can make decision in the child’s best interest. FranGulf Legal Consultants is concentrated on the acceptable delicate handling of all the legal matters to assist our clients.
FranGulf Legal and Business Consultants has Family lawyers in UAE, Sharjah, Dubai, Abu Dhabi, Ajman, Ras Al Khaimah, Fujairah, and Umm al Quwain. Get the appointment of family lawyers in UAE.
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