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
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
Article
Dubai Cassation Court Upholds Res Judicata And Procedural Integrity In Personal Status Matters
Wife seeks fault-based divorce, custody of her minor daughters and related maintenance charges from her husband. The wife claims that their marriage has been in a state of ongoing deterioration, culminating in the husband leaving her and their children by departing from their marital home, over a year ago, pursuant to an agreement between the couple. The husband is an alcoholic and has illicit relations with women. He has not shown any inclination in providing for the family, forcing the wife to bear expenses including the rent for the marital home.
United Arab Emirates Family
AM
Dr. Hassan Elhais
Article
Dubai Cassation Court's Ruling On Father’s Financial Obligations Under The UAE Personal Status Law
Plaintiff filed a case for child custody, child support and related charges, against her ex-husband who divorced her a year ago. The plaintiff states that she is the custodian of the child and the defendant is wealthy, earning well and owning properties. The plaintiff resides in the marital house which she claims is unsuitable for her and the child. She requests the court to charge the defendant to provide a different house. The defendant contends that the case is invalid as per res judicata, as the plaintiff had filed a case one year ago in the same subject matter.
United Arab Emirates Family
AM
Dr. Hassan Elhais
Article
Dubai Cassation Court Upholds Maliki Principle On Reimbursement Claims In Family Court Proceedings
Plaintiff files a case against the defendant who is her ex-husband, seeking maintenance in the form of backdated expenses and child support and related expenses for their child. The plaintiff states that although she had been an exemplary wife to the defendant, and discharged all her duty as a wife and mother, the defendant had failed to reciprocate. He allegedly treated the plaintiff with cruelty, hostility, humiliation, and disrespect, since the beginning of their marriage, and was negligent of his responsibilities towards the family.
United Arab Emirates Family
AM
Dr. Hassan Elhais
Video
Muslim Wives Spousal Maintenance (Video)
The rights and obligations of a married person are provided under the UAE family law. The family law in the UAE comprises of 3 laws, namely, the Federal Decree Law No. 41 of 2024 governing Muslims in the UAE across the seven emirates, the Federal Decree Law No. 41 of 2022, governing non-Muslims in the UAE, except in the emirates of Abu Dhabi, and the Abu Dhabi Law No. 14 of 2021, governing non-Muslims in the emirate of Abu Dhabi.
United Arab Emirates Family
AM
Dr. Hassan Elhais
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