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Browse our 2 legal questions about Divorce & Separation in United Arab Emirates and the lawyer answers, or ask your own questions for free.
Abu Dhabi operates under the UAE Federal Law No. 28 of 2005 on Personal Status, often referred to as the Personal Status Law. This law governs matters related to marriage, divorce, child custody, maintenance and personal affairs. It is a mix of Sharia and modern family law. Divorce and separation have specific legal procedures, and it's essential to understand the complex processes involved.
While it is not mandatory to have a lawyer in divorce and separation proceedings, it is highly recommended due to the intricate nature of these laws. Professionals namely lawyers would assist not just in paperwork, but also in negotiations, understanding pejorative terminologies and coming out with best possible solution. Lawyers can help in child custody battles, property division, financial settlements and potentially contentious situations, assuring that your interests are well represented.
The primary law for divorce and separation is the aforementioned Personal Status Law. As per this law, either spouse can initiate divorce procedures. Two main types of divorce exist: divorce by mutual consent and unilateral divorce. In the former, both spouses reach a consensual agreement regarding all issues, while in the latter, one party decides to end the marital relationship. Custody of children, property distribution and alimony are also governed by specific regulations. As per Sharia law, custody usually goes to the mother, but it is reassessed as children age.
There are various grounds for divorce including, but not limited to, abandonment, adultery, harm, impossibility of living together and mutual consent.
Usually, each spouse retains the property and assets in their name. Any jointly owned properties are divided based on mutual agreements, and if an agreement is not reached, the court intervenes.
Child custody is determined on what the court believes is in the best interests of the child. Until a certain age, the mother is often given preference. The judge will consider factors such as the parents' living situations, financial stability, and the child's preference.
Divorce proceedings can vary greatly in length, it can take anywhere from few months to several years, depending upon the complecity of case and agreeability of the parties involved.
Yes, you can apply for divorce in Abu Dhabi even if you were married in a different country, provided you or your spouse reside in Abu Dhabi presently.
To start, the Judicial Department in Abu Dhabi provides useful information about the legal procedures involved in divorce. For women, the UAE General Women's Union can be a valuable resource for support and advice. The Community Development Authority also provides services related to family life and relationships.
If you decide to pursue legal assistance, your first step should be to seek consultation from a legal professional specialized in divorce and family law. Gather all the relevant documents such as your marriage certificate, identification papers and any relevant financial documents. Remember, having an informed understanding of your rights and obligations can significantly affect the outcome of your divorce proceedings.
