This question often triggers in mind whenever the couple opts for divorce or separation. Therefore, whenever planning out on divorce, it is essential to consider safeguarding the interests and assets of the individuals. According to the UAE judicial divorce procedure, the topmost priority is given to protecting the assets of the individuals. Nevertheless, the family law is complicated and involves lots of ifs and buts. Therefore, it is important to understand the UAE judicial divorce procedure. UAE is home to approximately 90 percent of expatriates. This invites more complexity to the matter. This is because the applications of various nations will be taken up by the UAE judiciary system. UAE judiciary system is amazing and covers all the aspects. Dubai lawyers will help you understanding the law and judicial systems.
UAE Expatriates
Almost 9 million expatriates living in the UAE come from different parts of the world and belong to various ethnicities, nations, backgrounds, and religions. However, the majority of the population consists of Europeans and especially South Asians from Pakistan, India, and Bangladesh. As we mentioned earlier the complexities have aggravated with involving more applicants coming from different nations. Legal Support by lawyers is the only solution to understand it. Please learn the support by lawyers here too.
Application of Personal Law
The application of Personal law has been affected while the UAE chooses to choose and opt for a more pragmatic and progressive approach to Personal Law. The huge evolving change that was introduced in the Federal Decree Law of 2020 gets amended. This has caused changes to the Federal law of 1985 on Civil Transaction Law and the Personal law of 2005.
The New Law
The new law replaced a great number of articles of Civil Transaction Law. The critical changes introduced to Personal Law especially surround ‘choice of law’.
As per the changes, now the nationality of the couple will be the determining factor in the application of the law. However, the recent amendments in the law allow the law of the state to govern the matter where the marriage was solemnized.
Financial and Personal Effects
Furthermore, this has also changed the discourse of financial and personal effects. The result of the contract of marriage will not be administered following the law of the land where the marriage was contracted.
Prior, the law was applied according to the husband’s nationality at the time of the conclusion of any marriage. Additionally, the new alterations brought to the law have now opened up new horizons.
Now, there is a much wider application of various foreign laws in the UAE courts. There is much onus on the judiciary to adjudicate and interpret the foreign laws. Therefore, foreign laws can be used in determining a variety of family matters.
There are a lot of legal provisions present in the law that should be explained. For instance, in the matter of contested divorce for the expatriates the law that governs the assets distribution could be the law of the country where the marriage took place.
Nonetheless, this rule is not explained and thus, involves a lot of provisions when applied. For example, in Abu Dhabi, the new Decree-law of personal Status Law for non-Muslims has enacted the regulation for the non-Muslims in the Emirate.
Financial rights in Abu Dhabi
Moreover, in Abu Dhabi, the financial rights of the divorce must be governed using the mentioned below laws. It depends on the length of the marriage, the age of the wife, the economic situation, and compensation for the damage, alimony, and much more.
Alimony
The alimony amount is bound to increase with the rise in the number of years to marriage. To decide the alimony, the age of the wife matters a lot. The more the wife’s age is, this will increase the alimony amount. Thirdly, it is essential to consider the economic situation of both spouses. This will assist in accurately calculating the amount of alimony. Fourthly, the extent of harm will also affect the divorce proceedings. Any neglect, damage, moral damage, or other harmful actions are accounted for while calculating the financial obligations.
Moreover, according to the law, the alimony will terminate in case, if the wife decides to remarry. Therefore, it can be concluded that the New Decree-law allows for the amending of the alimony. It is based on the situations and scenarios and thus, the requests can also be placed before the court on an annual basis.
Judicial Procedure
The judicial Divorce procedure in family matters is highly complicated. Especially for expatriates in the UAE, it becomes even more complex. Therefore, it is advisable to obtain legal assistance and legal support from a well-learned Family lawyer in the UAE. They will provide legal opinion and expert advice to the spouse over serious divorce matters. The judicial divorce procedure in the UAE will be easily sought out once reassurance from a Family lawyer in the UAE is grabbed.
This will help secure the best interest of the parties involved and professional legal advice from the Family lawyer in the UAE can be sought. The prolific Family Lawyers in the UAE who are specialized in family law are capable of handling international family law cases along with local ones.
The emotionally and mentally challenging time requires the guidance of a well-equipped Family lawyer from the UAE who can support you in traumatic and troublesome times.
