Introduction
At Hamdan Al Shamsi Lawyer & Legal Consultants (“HAS”) we specialize in all Family matters and Personal Status Law, serving clients in Dubai. Our top divorce lawyers understand this can be a difficult process for the whole family and HAS Law Firm are here to advise you on the best possible ways to handle a divorce for the whole family.
Divorce is dissolving the marriage contract between parties which can cause huge impact on the family. It is normal to feel sadness, suffering, agony and it is understandable if parents worry for the future of their children and the impact of the divorce which is where the common question takes place, who obtains the custody of the children? Our family lawyers in Dubai can help to ensure an amicable settlement is reached.
Involving a lawyer is necessary in all scenarios where either an amicable agreement is drafted to support both parties as per the applicable law or the parties can’t agree on the terms of their divorce amicably and they will enter into the process of disputes to claim their rights in front of the respective Court.
In the UAE, the Federal law No-28 of 2005 and its amendments concerning the personal status has already organized the rules and regulations of divorce in a very smooth and simple process as follow:
The reconciliation processes:
According to article 16 of the Federal law No.28 of 2005 and its amendments, the litigants have to submit a request of reconciliation prior filing a divorce case, where the concerned party has to submit an opening statement of claim including all the facts and the supportive documents for their allegation to request divorce including but not limited to (a) divorce for abstention of support (b) the absence and disappearance of the husband (c) divorce for imprisonment (d) separation for “ILA “ or “ ZEHAR” the above mentioned reason might extend to various issues which might lead to the impossibility of life between the parties.
The reconciliation committee can help the parties by paying efforts to reach an amicable settlement to be signed by the parties and recorded in the reconciliation committee file records. This way the settlement would be considered as a verdict moreover, it is executable by the courts if required and that of course in case, one of the party is not fulfilling its contractual obligations which have been stipulated in the agreement.
In case the parties haven’t reached a settlement agreement before the reconciliation committee, a “Referral note” would be issued by the reconciliation committee to the courts to allow the parties to file their Allegations before the court in a” bench trial style”.
The court should hear the divorce case in a public or private sessions, the parties have to submit all their pleadings and supportive documents in a form of memorandums an, and the court will allow the parties to exchange evidences and documents.
The Court might refer the divorce matter to “ Family arbitrators” to study the case and to stand on the substantial reasons that made a party to request for divorce against the other, consequently reporting their valuable recommendations to the court to declare the divorce of the parties based on a lot of legal factors such as :
- the arbitrator conclusions and recommendation to guide the court on the defaulted party i.e., “wife or husband.”
- The memorandums and the legal defense submitted by the parties.
- The strength of the witness’s statement
- The strength of the documents submitted by the parties.
Interim award during the litigation:
The parties have so many rights to claim before the court during the litigation process and before the case to be listed for the final decision” closure of the pleadings proceedings, the main purpose of these interim awards is to protect either parties’ rights until the litigation process is finally decided by an undisputed decision, the interim awards which might be granted to parties are as the following:
- Travel ban to be granted against either party
- A temporary alimony to be granted to the wife ,so she can handle her and her child’s normal needs during the litigation process.
- Temporary visitation order to be granted to the husband
The consequences of the divorce
According to UAE Federal law No.28 of 2005 from article 136 to 158 the effect of divorce might be demonstrated in the following points:
- The waiting period “AL AIDA”
- Fostering
On top of the above, the husband must continue to pay all the expenses for his children including food, education fees, life support including but not limited to paying the electricity and water bills and internet including, housing and domestic helpers etc.
On another hand, the wife is eligible to receive alimony as a custodian. And to request the court to oblige the husband to hire a domestic helper to take care of the daily needs of her and the children.
For any further inquiries please reach out to seek advice from our experts in Divorce Law.
