Divorce couples need to plan on a lot of things. It is a challenging job to accomplish because everyone intends to safeguard their interests. It is essential to protect the individual assets during the divorce proceedings. The judicial process is complicated and must be handled with utmost care and caution. Divorce comes under the heading of family law. Family law in the UAE is quite supportive in nature. In the UAE around 90 percent of expatriates are living in the country.
Therefore, law has to be much practical, strict, and supportive. For few divorce illustrations you can talk to our lawyers. Lawyers are quite different in nature. Just a one-to-one meeting can help you understand it. Divorce matters must be dealt by top family lawyers all over the world. Lawyers having expertise and specialties are known as family lawyers. Do you know about the liberty to choose jurisdiction? If not, let us tell you more.
Liberty to apply jurisdiction
Many expatriates who are living in the UAE do enjoy the liberty to apply to the home country jurisdictions for divorce. UAE welcomes a great number of applications every year where various national laws are applicable. Approximately 9 million people constitute expats who reside in the UAE and come from Asia, Europe, Africa, etc. Family law in the UAE has complications when personal law is applied to different nationalities. Family expert lawyers form top law companies are always knocked by government entities to share the latest news.
Modifications in new Laws
The UAE has brought a lot of changes to the current laws to bring a positive change. Besides, they have adopted a more flexible approach to accommodate most of the expatriates inside the country with a progressive approach. One of the major changes is regarding the Federal Decree-law of 2020. This was introduced in order to amend the previous Civil Transaction law of 1985. The new Federal Decree Law has completely replaced the prior law to introduce some very crucial changes. Learn more about new decree laws by our award-winning lawyers in Dubai and legal consultants.
Choice of Law: Introduced and Implemented
Most prominent change is regarding the ‘Choice of law’. It permits the expatriates living inside the UAE to opt for the home country’s laws while superseding the UAE family law. As per the previous family law, the nationality of the couple is used to determine the applicable law. However, the recent amendment brought to the law states that where the marriage was solemnized, will govern its validity. Choice of law is a really great change as of now.
Furthermore, with these changes in place, the financial and personal effects are also taken into consideration in case of divorce. This directly impacts the contract of the marriage that governs the law. Prior to the amendments the law of the husband’s nationality at the time of concluding the marriage was applied. However, the new alterations in the family law have opened a wide application range for the expatriates resigning in the UAE.
New changes to the family law paves a path to the much broader application of various foreign laws in the United Arab Emirates. UAE courts will now exercise an onus on the judiciary to adjudicate and interpret the different foreign laws. It will assist in determining family matters in the UAE.
In case of a contested divorce, for the expatriates, the applicable law will also govern the distribution of the assets according to the law of the land where the marriage took place.
Legal Provisions
This is done by following the legal provisions of the family law to accommodate the expatriates into the UAE judicial system with ease and flexibility. This is not the rule of thumb and may invite a lot of legal provisions present in the family law that may be applied to a similar situation.
One Example
For example in the Emirates of Abu Dhabi, a new New Decree law was announced that enacted the personal status matters for non-Muslims. It is also called Personal Status for Non-Muslims in the Emirates of Abu Dhabi. Attorneys in Abu Dhabi can be more fruitful than other emirate lawyers.
Therefore, the New Decree-law applies to non-Muslim foreigners in the Emirates of Abu Dhabi irrespective of the gender of the person. Besides, it is applicable irrespective of the domicile place of residence or workplace in Abu Dhabi.
New Decree Law
The new decree-law also contains provisions that state that the law is applicable to those foreigners who reside inside Abu Dhabi. Otherwise, the foreigners can also request the processing of their divorce application followed by the law of their home country.
On the other hand, the New Federal Decree-law also permits amendments for alimony. The alimony is based on the situations, scenarios, and the circumstances. These kinds of requests could be presented to the UAE courts every year.
Family laws are serious and sensitive in nature. The divorce judicial proceeding requires careful consideration. With the help of a family lawyer in the UAE, the legal battle can go in the right direction.
Legal Counselling with Family Lawyers
Therefore, by seeking early intervention from the family lawyer in the UAE, the expertise and experience can be taken on board for a better outcome. A practicing and professional family lawyer in the UAE can assist in establishing a better route to achieve a reasonable resolution to the divorce proceedings.
A family lawyer in the UAE is experienced in handling international family laws in the UAE courts and thus can assist individuals through emotionally and mentally challenging situations. Our award-winning attorneys in Dubai are helpful for couples in UAE. If someone is only interested to grab the expert opinion then he can also book just a legal appointment.
