Tag: family lawyer

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Child Custody In UAE

What Not to Do In A Child Custody Dispute

The physical custody and legal placement of children will be decided by local Sharia courts if you are currently requesting a divorce in the United Arab Emirates and you have children. There are two main crucial legal choices that must be made in child custody disputes in the UAE. While physical placement will define how parents divide time with their children, legal custody will decide who makes the majority of decisions for the kids. Children of UAE citizens who are present in the nation may spend some time with you as their parent.

In a divorce case, a court will consider a number of factors for UAE nationals and residents alike. In addition to making sure Sharia law is followed when suitable, a judge will make decisions based on what is best for the children. Here are the main things to stay away from in order to convince a judge that you deserve physical placement and child custody in the UAE:

Avoid Any Physical Altercation

When it comes to the kids and your soon-to-be ex-spouse, this is especially true. In addition to losing the kids’ placement and custody in the UAE, physical altercations can lead to criminal accusations for child abuse or physical assault. This would most certainly lead to an injunction. As much as you can, try to stay out of verbal fights with both of your families. You won’t be able to share custody and raise kids together if a judge has issued you a restraining order.

Never misuse your spouse’s belongings

What you want to do is prevent hurting any of your spouse’s property as you lose your temper, just like when you fight or argue. This includes his or her residence, vehicle, and other property. Additionally, even if you have previously paid in full for joint property, take care not to harm it. Your ex-spouse or soon-to-be ex-partner will be regarded as a co-owner of anything you bought while you were married. This means that until legal proceedings are over, you shouldn’t harm, sell, or destroy anything.

Don’t be critical of your spouse

Anything you say when discussing your case with your divorce lawyer in Dubai, UAE, as well as with your family and friends, could be used against you in court. There is always a possibility for something to leak out, even when the other person did not intend to repeat what you said. It’s also likely that the people you’ve spoken to—like family members, friends, and other close associates—will be asked to provide an oath-recorded testimony or deposition. While engaged in a child custody dispute, it is preferable to keep your own negative sentiments to yourself. Never publish criticism online either. Always anticipate that anything you say, do, or post online or on social media will be seen by everyone. Without a doubt, the information could be used against you.

Avoid separating children from their normal routine

The effects of divorce are extremely damaging to children. They were forced to abruptly change their routine after becoming accustomed to doing so. Even when you don’t feel like it, try your best to maintain their routine as normal. Do your best to keep them informed about their schoolwork and any extracurricular activities or sports they may love. Although there is a chance that this won’t work, you should still give it a shot. Additionally, if the other parent does not provide approval, it is crucial that you refrain from scheduling anything while the children are with them. While maintaining as much normalcy as you can, be careful to avoid creating problems or taking actions that will hinder your ability to co-parent successfully.

Keep your new partner away from the children

You could believe you should start dating again after you’ve acquired a divorce in the UAE with the guidance of a qualified divorce lawyer in Dubai. Another reason why your marriage may have ended is because you or your ex-spouse found someone else. Keep the kids away from the person you are dating while your divorce is underway and even after it has been finalized. The kids will find it to be very perplexing. When your ex or your children don’t like your new partner, it can also lead to additional tension. Additionally, keep in mind that adultery is a serious crime in the UAE and can significantly harm your hopes of obtaining custody of your children.

Please feel free Contact Us if you need assistance regarding this legal matter.





adoption law in dubai

Laws of Adoption in UAE

Adoption Law in UAE | Family Lawyers

There are a growing number of cases where adoption is authorized in the UAE. Entering a sexual relationship outside of marriage used to be a crime in the UAE and offenders may face criminal charges. Sadly, in some instances, children born from such relationships are sometimes abandoned to avoid these circumstances but the law makes allowances for these children to be taken care of.

Under Islamic Law, it is forbidden to adopt a child because it interferes with ancestry but it allows that an abandoned child can benefit from the love and care of a family. In such circumstances, a court order is required to give that child the family name of the adopting parents.

Assistance on Legal Process on how to adopt child in UAE

UAE nationals are not permitted to adopt but expats may do so if the law of their home country gives them permission to do so. The option allows expats residing in UAE to adopt children from countries other than UAE provided they follow all the rules and regulations governing the process.

The UAE law is structured to support an abandoned child and may even give UAE citizenship and a passport in some cases, according to Article 2(e) of the Federal Law (1975).  Our expert family lawyers are happy to assist with the process of legally adopting a child into your home.

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divorce law in dubai

After Effects of Divorce in UAE

After Effects of Divorce in UAE – Hire Divorce Lawyer in Dubai

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.

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