United Arab Emirates: Divorce

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Welcome to the Mondaq Family and Matrimonial homepage, here you will find thought leadership articles, podcasts, videos and webinars providing insights covering topics such as Divorce, Family Law, Wills and Estate Planning.
Article
How To Prepare For Divorce And Custody: Expert Tips From The Best Lawyers In Dubai
Navigating divorce and custody proceedings in Dubai requires understanding the emirate's dual legal system, gathering comprehensive documentation, and securing qualified legal representation. Recent reforms have modernized custody arrangements, extending physical custody to age 18 and granting children aged 15+ the right to express preferences, while both parents receive equal 60-day annual travel rights.
United Arab Emirates Family
AM
Dr. Hassan Elhais
Article
Is Joint Custody The New Standard For Muslim Families Under UAE Personal Status Law?
A Dubai court case explores whether a mother's four-year silence on seeking full custody constitutes a legal waiver of her rights, while examining how modern joint custody concepts apply to Muslim families traditionally governed by rigid custodial hierarchies. The ruling addresses critical questions about parental rights, financial obligations, and the best interests of children in Islamic family law.
United Arab Emirates Family
AM
Dr. Hassan Elhais
Article
Wife’s Decision To Withdraw Her Request For Divorce Enables The Case To Be Returned To The Lower Court For Reconsideration
Case Summary: Wife, who has been married for 21 years, and has two adult sons, seeks divorce from her husband stating reasons such as abandonment, desertion of the conjugal bed and adultery. The wife states that it has become impossible to continue the marriage as the husband has changed his behaviors towards the wife and children for a year.
United Arab Emirates Family
AM
Dr. Hassan Elhais
Article
The Appeal Court Has The Duty To Adjudicate All Matters, Including In Matters That Fall Under The Discretionary Authority Of The Trial Court.
wife files for fault-based divorce from her husband and custody of daughter and related maintenance charges. The wife claims that the husband forced her to leave her job. He is disrespectful towards her, insulting and abusing her, in front of their children, without any reason. The couple has two children, and the husband incites their son to hit her. She also claims that the husband injures himself and sends photos to her family claiming that she assaulted him. He also quarrels with her family, demanding that he be given dowry.
United Arab Emirates Family
AM
Dr. Hassan Elhais
Article
The Assessment Of Whether Harm Was Caused In A Marriage To Justify A Fault-Based Divorce Is To Be Determined As Per The Discretion Of The Trial Court
Case Summary: The husband filed for a fault-based divorce from the wife on the grounds of cruelty, physical and mental abuse, and impossibility of maintaining marital relations. He stated that his wife of 4 years had been treating him with extreme cruelty and had harmed his reputation by filing false cases against him in their home country. She has also been rude to his mother.
United Arab Emirates Family
AM
Dr. Hassan Elhais
Article
Maintenance Is Awarded By The Court Upon Consideration Of The Payer's Financial Capacity And The Recipient's Economic Status
Case Summary: The Wife requests for a fault-based divorce from her husband and seeks custody of their three sons. The wife states that although their marriage had been tumultuous since the beginning, with her husband mistreating her, being verbally abusive towards her and neglectful towards the family, for the previous 4 years they have been separated and the husband had completely abandoned their conjugal bed.
United Arab Emirates Family
AM
Dr. Hassan Elhais
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