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. 

UAE has no plans to tax individuals

Governments across the Gulf have been planning fresh ways to raise money as low oil and gas prices open up big deficits in state budgets. In 2018, the six members of the Gulf Cooperation Council plan to introduce value-added tax.

However, according to Younis Al Khoury, under-secretary of Finance Ministry, the UAE has no plans to impose new taxes on individuals and the government is not studying the introduction of more fees for services. Al Khoury’s remarks appeared to rule out, for now at least, the possibility of personal income tax in the UAE. Also, the approved federal budget for 2017 amounting to Dh48.7 billion ($13.3 billion) would not rely on new taxes or additional fees, or revenues from VAT. The budget will not be affected by changes in global oil prices, he added.

On corporate tax, Al Khoury did not elaborate on any possible changes but said that the ministry had for years been studying the social and economic impact of it, and was now taking those studies to the cabinet, with a view to building a comprehensive tax regime. Also, an initial step in developing the tax regime had been taken with President His Highness Shaikh Khalifa Bin Zayed Al Nahyan’s decree last week setting up a federal tax authority.

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Driving license renewal only online

Dubai: Renewal of driving licenses will be available only online starting from 27 November 2016 as announced by the Roads and Transport Authority (RTA).

The move is part of RTA’s Smart Government initiative that aims to move the majority of its services away from its customer service centres, making them available through various electronic channels like smart apps, smart kiosk, RTA call centre (8009090) as well as its website, www.rta.ae.

 

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Resolution on regulation of Dubai Municipality markets issued

An Executive Council Resolution No. (50) of 2016 now regulates Dubai Municipality’s markets. The Resolution aims to boost economic development, help enhance food security and ensure public health and safety in Dubai.

The Resolution seeks to set up markets and regulate the trading of certain goods and products through dedicated markets. It also defines the terms and conditions for leasing and subleasing. In addition, all tenants are bound by the Municipality’s rules and regulations and should abide by the clauses of the tenancy contract signed with the Municipality.

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Dubai Tram violations may invite up to Dh500,000 fine

The Executive Council Resolution No. (51) of 2016 partially amending the Executive Council’s Resolution No. (1) of 2014 on regulations governing the tram system in Dubai. The new amendments aim to enhance safety standards in the tram system.

As per new Resolution, jumping the red light at the tramway intersection and causing a traffic accident with fatalities will invite a fine up to AED 30,000, apart from the suspension of the driver’s license for up to three years. The same violation causing without casualties will invite a fine up to AED 6,000 and suspension of the driver’s license up to six months. Violating the same, without causing a traffic accident will invite a fine up to AED 5,000 and suspension of the driver’s license up to three months.

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Wage Protection Decree Implemented

Abu Dhabi: The Ministry of Human Resources and Emiratisation now implements the newly wages protection decree. The decree fairly contributes towards labour market stability as it safeguards employees while keeping business owners interests, salaries paid on time is a major contribution towards labour rights protection which is highly recognized by the UAE.

The decree highlights companies employing over 100 workers. Such companies must pay wages within a period not exceeding 10 days from the registered payday in the (WPS) wages protection system, if they fail, the ministry will stop granting them any additional work permits starting from the 16th day of delay. If wages delays a month from the due date, the ministry shall inform the judicial authorities and other related parties to take all necessary punitive measures against the violating company, additionally, the ministry halts other companies owned by the same employer, plus forbid any upcoming projects foreseen by the same owner.

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