Divorce, Children, and Taxes under UAE Law

The UAE legal system is founded on civil law principles influenced by Egyptian law and Islamic Sharia law.  Sharia law constituting the guiding principle and source of the law in the UAE.

UAE legislation is formulated into a number of major codes providing for general principles of law with a significant amount of subsidiary legislation added over the years. The UAE expanded its legislation to include a comprehensive body of federal legislation. These are manifested in form of federal codes of law and emirates' laws issued as decrees by the ruler of each emirate. Personal Status Law is Sharia based and covers marriage, divorce and succession. The courts' interpretations of family law provisions are based on the Sharia, which the UAE mandates is used as the primary legal justification on matters involving family law. Legal services in Dubai will assist you in understanding Sharia law and how it will apply in any particular case. The UAE Constitution emphasizes the role of family as the basis of society. This is founded on patriotism, religion, morality and ethics. The Constitution also provides for society to be responsible for protecting childhood and motherhood.

In the UAE different roles are assigned to mothers and fathers. These differences are laid down in the descriptions of guardians and custodians.

Guardian

A guardian of a child financially maintains the child, makes important decisions about the child's education and upbringing, and generally takes care of the child's affairs.

Custodian

The custodian, on the other hand, is concerned with the child's day-to-day life. The custodian has actual, physical custody of the child and must raise, take care, educate the child.

The law is only concerned about the wellbeing of the child. In most divorce cases in the UAE the child’s custody will be granted to the mother if she is deemed fit.  Law firms in Dubai firm on Sharia law will assist in understanding and advising proper cause of action. 

Divorces for Emirati’s and expats differ as a divorce of an Emirati couple falls under UAE law and here Sharia law. Whereby for expats there is a choice of jurisdiction. The jurisdiction could be the wife’s or the husbands home country or the local UAE court, this irrespective of where they live during the divorce.  Depending on the home country different rules will apply; this is also applicable when children are involved in the divorce. An attorney in Dubai, preferable from your home country will provide the best legal advise. 

What You Need to Know about Dispute Resolution

To clarify on the term dispute resolution; Dispute resolution is the process of resolving disputes between parties; these parties could be two or more. The are three basic types of dispute resolution:

·         Mediation

·         Arbitration

·         Litigation

In the US the definition is slightly different but points ultimately at the same resolution types.

1. Adjudicative processes, such as litigation or arbitration, in which a judge, jury or arbitrator determines the outcome.
2. Consensual processes, such as collaborative law, mediation, conciliation, or negotiation, in which the parties attempt to reach agreement.

Here we will simplify and explain the three basic types most common in dispute resolution Dubai:

Mediation

Here a neutral third party is tasked with the goal of mediation to help disputants come to consensus on their own. The mediator or mediators works with both or more conflict sides to explore the interests underlying their positions rather than imposing a solution.

This form or dispute resolution allows all parties to  “vent” their emotions and fully explore their grievances. This is in a lot of cases effective as the mediator works separately and together to come to a legal dispute resolution, which is voluntary, sustainable and nonbinding.

This form of dispute resolution is less costly for all parties.

Arbitration

Here a neutral third party serves as a judge who is responsible for resolving the dispute. This third party is called an arbitrator. The disputants can negotiate virtually any aspect of the arbitration process, including whether lawyers will be present or a dispute resolution service will be obtained and which standards of evidence will be used.

The arbitrator listens as each side argues its case and presents relevant evidence, then renders a binding decision.

Arbitrators hand down decisions that are usually confidential and that cannot be appealed.

Like mediation, arbitration tends to be much less expensive than litigation.

Litigation

This is the most televised type of dispute resolution and it is maybe therefore the most familiar type of dispute resolution, civil litigation typically involves a defendant facing off against a plaintiff before either a judge or a judge and jury. The judge or the jury is responsible for weighing the evidence and making a ruling. Information conveyed in hearings and trials usually enters the public record.

Lawyers typically dominate litigation, which often ends in a settlement agreement during the pretrial period of discovery and preparation. Among these three dispute resolution types litigation is the most costly version.