United Arab Emirates: Family Law

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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
Can ‘Disobedience’ Dismisses A Mother And Child Of Their Rights In Dubai?
A Dubai Court of Cassation ruling establishes that fathers must provide health insurance, residency sponsorship, and maintenance based on UAE living costs for children residing in Dubai, regardless of the mother's marital status or previous residence abroad. The landmark decision clarifies that a child's right to dignified living cannot be compromised by parental disputes or claims of maternal disobedience.
United Arab Emirates Family
AM
Dr. Hassan Elhais
Article
Court Rules That The Marital Domicile Must Be In The Husband’s Place Of Residence, Unless The Marriage Contract Stipulates Otherwise
Wife files a case against the husband for maintenance for herself and her daughter, and the custody of the child. The wife states that the marriage between the two had been unpleasant from the beginning, due to constant absence of the husband in the marital home, or the husband returning home drunk during late hours of the night, subjecting the wife to verbal abuse, and not providing for the family in spite of the husband’s substantial income. The wife claims that as a result, she was forced to obtain financial assistance from her brother and family.
United Arab Emirates Family
AM
Dr. Hassan Elhais
Article
The National Law Of The Country Will Be The Default Law In Determining Divorce Cases Between Non-Muslim Couples, Unless At Least One Of The Parties Expressly Requests The Application Of The Personal Status Law Of Their Home Country And Proves Such Law Before The Court
The wife seeks fault-based divorce from her husband and custody of two minor children, on the grounds that the husband mistreated her, committed adultery and abandoned her and their children. She claims that the couple has been separated for the past two years. The wife also claims that the husband has not been providing for the family financially and requests to divorce him under the Indian Hindu law.
United Arab Emirates Family
AM
Dr. Hassan Elhais
Article
Fault-based Divorce May Be Granted Even If Prejudice Is Not Repeated, As Long As The Continuation Of Marriage Is Rendered Impossible
Wife seeks fault-based divorce from her husband and custody of their child on the grounds of physical and verbal abuse, not providing for the family financially, and the abandonment of the marital bed. The wife claims that the husband drinks alcohol excessively, which results in his bad behavior. The wife also states that she is the sole breadwinner of the family and the husband’s behavior has made the continuation of marriage impossible.
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 Dubai Cassation Court Rejects Heirs’ Plea To Remove The Wife From The Deceased’s Inheritance, Emphasizing The Legal Principle That Silence Amounts To An Agreement
The plaintiffs, consisting of a deceased man’s mother and siblings filed a case against the deceased’s wife stating that the latter was divorced from the deceased, having allegedly accepted an amount of money as deferred dowry, and therefore had no right over the deceased’s property.
United Arab Emirates Family
AM
Dr. Hassan Elhais
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