Month: September 2020

Divorce Process in UAE for Muslim Couples

The Legal Process of Divorce in UAE for Muslim Couples

Islamic marriages are governed by the Sharia law so as the legal dissolution of marriage. Despite the troublesome and complicated process of terminating marriage, divorce rates continuously increases, and marriage qualities have significantly changed.

Commencement of divorce case in UAE entails certain requirements to be met such as: the couple must be resident of UAE for at least six months prior to the filing for divorce. In addition, it is important to note that filing divorce must be supported with legal grounds such as, but not limited to; Mental incapacity, Disability, Adultery, Abuse, Desertion and other legal grounds permissible under Sharia law.

Under Sharia law, there are two types of divorce – revocable and irrevocable. In revocable divorce, the marriage remains valid within the waiting period of three months. After this period, should the parties reconcile, they can do so by entering into a new marriage contract. On the other hand, irrecoverable divorce terminates the marriage as soon as the decree issued.

Brief summary of filing divorce in United Arab Emirates for Muslim couples are as follows:

  • Divorce proceeding can be filed by the husband or by the wife. The initial step requires the case to be registered at the Family Guidance Section at the respective judicial department in one of the emirates.
  • Thereafter, the court will then appoint conciliator who will initiate a reconciliation proceeding between the parties. This is an indispensable process under UAE law. During this proceeding, divorcing parties will be entitled to address their concerns about the marriage. This can be done even in the absence of their respective legal representatives.
  • If amicable settlement fails and one of the parties or both are determined to dissolve their marriage, then the conciliator will issue a referral letter granting them permission to elevate the matter before the court and determine the conclusion of the divorce case.
  • Once the referral letter is issued, this letter can be submitted before the court within three months from the date of issuance.
  • Once the court obtains jurisdiction over the divorce case and subject to the court’s discretion, divorcing parties will be directed to provide their corresponding evidence to support their respective claims and lay down their own defense.

In addition, UAE government issued recent amendment towards divorce cases by virtue of Federal Law Number 8 of 2019 amending Federal. The following are the most significant amendments encompassing divorce proceedings and case determination:

  1. Under the new law, if the wife filed the divorce under grounds of adultery and she fails to prove the accusations, the case can be dismissed right away and no appeal will be permitted
  2. Under Article 118(2) of the new Law an order must be issued within 90 days from the date of appointment of conciliator. However, if conciliator fails to reconcile the parties, settlement proposal must be recommended to the court, and copy must be provided to the divorcing parties.
  3. Under Article 120 of the new law, if the parties fail to reconcile, the following will be considered:
    1. if it is proven to be the husband’s fault, the wife can seek divorce and other financial rights.
    2. if it is proven to be the wife’s fault, it can be dealt with in the following two ways: (i) divorce will be granted divorce upon paying a certain amount of compensation; or, (ii) unless husband request to maintain the marriage, the court, subject to the court’s discretion to preserving the marriage, can reject the divorce.
  • Under Article 120(4) of the new Law, if the conciliator fails to reconcile both parties due to mutual mistake of both parties, conciliator can order either party to pay compensation on pro-rata basis to the other one who is less guilty or get the divorce without any compensation. However, under Article 120 (5) of the new law, if the parties cannot reconcile and the reason behind filing for divorce is unknown or cannot be located, there can be two options: (i) If the husband is the applicant for divorce, the conciliator can recommend dismissing the case; (ii) Whereas, if the case has been registered by the wife, the conciliator will choose whether to issue an order for divorce with a lump sum amount or to dismiss the case in the interest of preserving the family.

When arranging a divorce, seek the advice of our team having a specialist divorce lawyers in Dubai UAE (with knowledge of local Sharia law). We are ready and willing to handle your legal matter

dubai UAE labour law

UAE LABOUR AND EMPLOYMENT LAW

UAE LABOUR AND EMPLOYMENT LAW | LABOUR AND EMPLOYMENT LAW IN UAE

Federal Law No. 8 of 1980 governs labour rights of employees in UAE public and private sector. Except for certain categories of employees, this law applies to all employees working in the UAE, whether UAE nationals or expatriates.

In turn Ministry of Labour is the overseeing authority responsible in maintaining the proper implementation of labour rights and responsible implementation of the labour laws and regulations.

UAE Labour Law provides the framework relating to the following core employment facets: employment contract bound and conditions relating to working hours, termination of employment, end of service gratuity payments and notice period, vacation and public holidays, sick leave, maternity leave and annual leave.

UAE employment contracts are categorized into two classification: limited and unlimited contracts. Major distinction between these two types of employment contract are as follows:

  • Limited contract is a fixed term and it will automatically terminate at the end of the term unless terminated earlier by either party or renewed by both parties. On the other hand, unlimited contract is an open-ended and maybe terminated in accordance with the conditions set forth in the UAE Labour Laws.
  • Limited term contracts have no notice provision and will expire at the end of the term. On the other hand, under the UAE Labour Law, there are two main ways for an employer to legally terminate an unlimited term contract – minimum notice period of 30 calendar days unless otherwise agreed on longer notice period; without notice period if the reason of employment termination is grounded for one of the 11 exhaustive gross misconduct reasons set out in Article 88 and 120 of UAE Labour Law.
  • In the event, the employee desires to terminate the limited term contract before the expiry of the term, he will be liable to pay the employer “early termination compensation” or half of three months’ salary or half of the remuneration for the residual period if the contract is less than 3 months prior to its expiration. On the other hand, in an unlimited contract, an employee may resign by providing 30 days’ notice period. However, the employee may resign without notice if the grounds are based on the conditions set forth under Article 121 of the Labour Law.
  • End of service gratuity for both Limited and Unlimited contract are calculated as follows:
 Employee who has completed one year or more of continuous service:

·         21 days’ basic salary for each year of the first five years of service

·         30 calendar days’ basic pay for each additional year

Provided that the entire remuneration does not exceed two years’ pay.

However, in cases where the employee is terminated summarily for gross misconduct pursuant to the provisions of the UAE Labour Law, the employee is not entitled to end of service gratuity.

End of service gratuity computation will differ in the event the employee resigned:

(i) Under limiter term contract, the employee is not entitled if he resigns less than 5 years or service. If he has more that 5 years of service, gratuity is calculated as per above guidelines.

(ii) Under unlimited contract, he will be entitled base on the following calculations:

·       One to three years of service: 1/3 reduction

·       Three to Five years of service: 2/3 reduction

·       More than Five years of service: no reduction

 

If you want to know your rights and learn more about how employment and incentive practices are implemented in UAE Labour Law, you can contact our team of expert labour lawyers in UAE and we will guide you through and pertinent legal advice will be provided.