Month: May 2017

divorce-blog

After Effects of Divorce in UAE

There is no escape from the after effects of a divorce in UAE. The rules and laws for divorce in your home country can apply here in the UAE according to Article 1 of ‘UAE Personal Status Law’ (commonly known as ‘Shariah Law’).

As an expat you may be unclear of many areas of the law, particularly in relation to divorce and court proceeding in the UAE. There may also be complications relating to claiming legal rights for the husband, the wife and the children.

As a Muslim man you can divorce your wife by saying ‘I divorce you’ three times and you will be separated according to the UAE law. However, women cannot do the same. There are provisions to allow a Muslim woman to divorce her husband for incidences such as domestic violence or inability or failure to provide financial support. Another method for a woman to divorce from her husband is Khula. It should be remembered however that if following this path, she will lose the dowry (the money to be paid by her husband for releasing her from the marriage).

How to file for divorce proceedings? This will depend on the specific details of the case. If, for example, a woman is earning money to support the family and has family assets in her name, Dubai court could be the most beneficial place to file if the intention is not to pay money to her husband. This path would also help in ensuring she retains custody of the children and she keep all her assets in her name.

UK courts can be more beneficial if a husband was earning to support the family, you have joint assets and if you need to consider pension earnings now or in the future.

In reality, there isn’t one solution that applies to all cases and it is imperative that you seek professional guidance that is tailored for your specific circumstances.

power

Power of Attorney UAE

Power of Attorney is the written letter which gives authority or power from one person or company to another to act on their behalf. This transfer of power is usually required when handling issues that are legal, finance or property related.

Due to the composition of the UAE population and the high percentage of expats, it is common for actions or transactions to take place in the absence of one or more parties. This could be due to working locations changing or even after a person has left the UAE.

For any legal matters in the UAE, a Power of Attorney must be given to a law office before they are permitted to represent or act on a client’s behalf. The Power of Attorney needs to be signed by the resident or visitor in front of the Notary Public whilst producing an Emirates ID or Passport.

If power of attorney is issued in another country then it needs to be stamped, attested and legalized by the ministry of foreign affairs and the UAE embassy in the country of issue. The document will need to be translated into Arabic prior to being stamped,attested and legalized in UAE to become effective.

There are generally two the types of power of attorney,
a- General
Full authority to handle all the affairs of an individual or institution is known as ‘general power of attorney’
b- Specific
Where the authority is limited to specified actions that can be carried out, this is known as ‘specific power of attorney’.

Misuse of a Power of Attorney is considered a serious crime in the UAE and can lead to serious charges being brought against the offender.

drugs-law

Drug Laws in UAE

UAE law relating to drugs has undergone significant change, the most notable factor being a slight reduction in punishment for some first-time offenders. The options to commit the accused to a rehabilitation center can be sought providing the offender has good counsel to represent their case with other possible judgments including fines and community service.

Of course, receiving a jail sentence remains a very real possibility although a move towards sentences of 2 years rather than 4 appears to be the norm.

It is prudent to remember that, despite these changes, UAE law is very strict when it comes to drugs, and is considered a criminal act. This extends to prescription drugs and is not limited to recreational ones. Be sure to check that any medication you have been prescribed in your home country is not a banned substance in the UAE and always keep your prescription to hand.