Best Family Lawyers in Ramallah

About Family Law in Ramallah, Palestine

Family Law in Ramallah, like the rest of Palestine, is a complex system that is influenced by both civil and Sharia law, whichever is applicable to the respective community. The law governs matters such as marriage, divorce, child custody, alimony, and inheritance. Family law proceedings are typically held in either civil or religious courts, based upon the parties involved. Therefore, understanding these laws can be challenging, especially when trying to navigate familial disputes.

Why You May Need a Lawyer

Engaging a lawyer to handle your family law matter can be crucial in protecting your rights and ensuring a fair outcome. Common situations where you may require legal help include divorce proceedings, child custody disputes, inheritance claims, or when dealing with domestic violence. Lawyers can help you understand your rights, prepare necessary paperwork, represent you in court, and guide you through the complex landscape of Palestinian family law.

Local Laws Overview

Family law in Ramallah is guided by a mix of civil legislation and Sharia law. The fundamental aspect is the Jordanian Law No. 16 of 1976 regarding personal matters for Muslims, and civil legislation for non-Muslims. The marriage age is legally 18, yet, with a judge's approval, it can be lowered to 16. Divorce laws vary between civil and Islamic courts, with the latter offering the husband the right to divorce his wife whereas the wife can only apply for Khula (divorce at the instigation of the wife). In the matters of child custody, generally, mothers get the custody for daughters until the age of 15 and sons until the age of 13. Inheritance laws, based predominantly on Islamic principles, grant men double the share of women.

Frequently Asked Questions

Does the father always have the right to custody of the children?

No, this is not always the case. In general, mothers have preference in custody matters until the children have reached the age defined by the law. After that, the court will weigh multiple factors in making a decision.

What is the legal age for marriage in Ramallah?

The legal age for marriage is 18. However, with a judge's permission, it could be lowered to 16.

Can a wife initiate a divorce?

In Sharia law, a wife can apply for Khula which is a divorce initiated by the wife. She may have to return the Mahr (dowry) given by the husband at the time of the marriage.

How are properties divided after divorce?

Property division upon divorce is usually based on the agreement of the parties involved. If there's no agreement, the court has discretionary power to allocate properties to ensure fair and equitable distribution.

What is the process to reach a child visitation agreement?

A child visitation agreement could be reached privately between parents or through the court that takes into consideration the best interest of the child.

Are there family counselling sessions before getting a divorce?

Yes, there are conciliation procedures mandated by the law with the aim to reconcile the spouses. In case of failure, the proceedings may continue.

Is mediation mandatory in family disputes?

While it's not mandatory, it's often recommended as it can reduce the stress and costs associated with court proceedings.

What is Mahr in marriage?

Mahr is a mandatory gift (monetary or otherwise) given by the groom to the bride at the time of marriage in Islamic law.

Does Palestine recognize civil marriages?

Palestine recognizes civil marriages performed abroad but does not perform them domestically.

What's the role of a guardian in marriage?

In Islamic law, a guardian (Wali) is a male family member who represents woman's interests at the time of marriage contract.

Additional Resources

For legal advice, there are several resources to consult with. Entities such as the Palestinian Bar Association, Independent Commission for Human Rights, Women's legal counselling centres and various NGOs can provide legal advice and representation, especially for vulnerable individuals.

Next Steps

If you need legal assistance, the first step should be consulting with a local lawyer who is well versed in family law in Ramallah. They can help you better understand your situation and guide you through the process. If you cannot afford a lawyer, you might be eligible for free legal aid provided through governmental or non-governmental organizations.