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The United Arab Emirates (UAE), Sharjah included, is a Muslim country where Sharia Law is observed, and it plays a significant role in affairs of marriage and divorce. While divorce is legally recognized and permitted in the UAE, it is often considered a last resort, and the law reflects this viewpoint. There are two principal forms of divorce under UAE law: 'At-Faskh,' a court-ordered cancellation of the marital union, and 'Talaq,' an Islamic divorce initiated by the man.
Understanding and navigating through the divorce process in Sharjah can be complex due to the juxtaposition of Sharia Law and modern Emirati standards. This complexity makes legal advice and representation essential. Legal aid may be necessary in situations related to asset division, child custody, and alimony. A competent lawyer can protect your interests, ensuring that your rights are not violated and fair settlements are achieved.
Under UAE law, a woman can seek divorce on several grounds that include but are not limited to significant harm, abandonment, and lack of financial support. However, it's essential to note that under Islamic Law, men generally have the unilateral right to divorce their wives without needing to demonstrate any cause. In contrast, women must go to court to obtain a divorce and must have a legally accepted reason.
The courts consider several factors in divorce cases involving children. Depending on the ages of the children and the circumstances surrounding the divorce, the mother or father may be awarded physical custody while the other parent receives visitation rights. However, legal guardianship still typically goes to the father.
There are several grounds including but not limited to abandonment, continual dispute, cruelty, harm, non-support, or the couple could be found incompatible.
While the father is often given legal guardianship of the children, it is not uncommon for the mother to be awarded physical custody depending on the children's ages and the circumstances surrounding the divorce.
The process starts by filing a case at the Family Guidance Section at the respective judicial department. If no reconciliation occurs, the case will be forwarded to the court. The judge will then make a decision based on provided evidence and UAE law.
While not compulsory, a competent lawyer can ensure that your rights are safeguarded and you achieve a fair settlement. Legal proceedings can be complex, especially in cases involving child custody or asset division.
Financial and property matters are usually settled in the course of the divorce proceedings. Sharia law provisions will typically guide these, but the specifics can be complex, thus further highlighting the need for quality legal representation.
You are advised to consult government bodies such as the Sharjah Family Court and the Ministry of Interior who provide relevant legal advice and support. Also, consider reaching out to non-profit organizations that provide counseling and support services for individuals navigating a divorce.
If you need legal assistance, start by identifying and contacting a reputable lawyer familiar with UAE divorce and family law. Upon consultation and retaining an attorney, ensure you provide them with all relevant information and documents. Remember, honesty and transparency with your attorney will go a long way in ensuring a desirable outcome in your legal situation.
