With the ever-increasing rate of marriages in the UAE, there are bound to be divorce cases too. Whether you live in Dubai or the adjoining areas, divorce cases are quite common. In the world of complicated annulments and separation issues, it is a must to have a divorce lawyer in Dubai at a close range. Not only can our Dubai divorce lawyers ensure a smooth and professional flow of the procedure but they can also provide you with tips and tricks to avoid being fooled.
There are many family issues that require professional legal help. Among the family issues which are very common, there are the issues of will, inheritance cases, the case of child custody in Dubai. There can be many complications in the matters of divorce such as the partners asking too much money for the settlement, complicated child custody issues, and the matters of power of attorney. While the corporate cases look complicated, the family cases are much more sensitive in terms of emotional attachments, the urge for revenge, and the privacy aspect.
Our divorce lawyers in Dubai will not only ensure that the matter is dealt with with extreme sensitivity but they will also guide the clients through the process. Here are some of the services for which help can be sought by lawyers in Dubai:
If you have children and you are going through a divorce, it’s going to have a big impact on the children, especially if they are young. Since the children are young, they really need the affection of both parents, and having a divorce is really going to mess up their minds. They would have to choose between their parents with aspect to whom they want to live with. Going through all the nasty court proceedings, witnessing their parents fighting over their custody in court, all can leave a mental scar on them. Even if they choose one of their parents with whom they want to live, still the court in Dubai will decide if the chosen parent is capable enough of keeping them. The matters which are seen by the lawyers in Dubai are if or not the parent is financially, mentally, and morally stable enough to keep the children in UAE.
This doesn’t end here; the other parent will also get slotted time to visit them monthly or weekly, or to take the children to their place. All of this can have a really negative impact on children which might stay with them for the rest of their lives. While the process is complicated in itself, the divorce advocates in Dubai can help make the process smooth using their experience and qualifications.
Let’s say that you had a debt or a loan and your spouse helped you pay it off, during the divorce you might have to return your spouse’s money to them. Your spouse can use that help against you and they can use it if things get messy during the divorce. If you and your spouse signed a pre-nuptial agreement you would need a divorce lawyer in Dubai. Signing a pre-nuptial agreement might not look like a big deal to you at that time, but if your marriage isn’t working and you file for a divorce, the terms and conditions of this agreement can add to your troubles, big time. Considering the fact that you have already gone through the division of assets, this agreement can come back to haunt you during the divorce, if not drafted smartly with help of family lawyers in Dubai.
-Division of finances.
The property which took you years to build, the hard-earned money which took you years to earn, you might have to let them go when you file for a divorce. Unless you are represented by good family lawyers, there is a great chance of you losing your assets. Not to mention the lawyer fees and other finances you spend on the divorce itself. Divorce costs you time and money; these are the two most precious things in the world, arguably. If you are not represented by quality divorce lawyers in Dubai, your spouse will want a huge chunk of your assets, whether it’s your money, the luxurious properties you own, or anything else you own.
If you have multiple properties, they will try to have at least half of them or they will agree for less than half if you give them the most costly ones. They can also demand a share in the profits from your investments. They can take your most expensive car. They can take anything. The question is; what are you willing to give?
-Responsibilities regarding the children.
Money may be a great factor during a divorce, but nothing is as important as your children. Given that the custody of the child is already a critical matter, if not represented by a divorce lawyer in Dubai, you may even lose the basic privilege of spending time with your child. Among other problems, one may have to give financial support to the child without even having the option to meet them. Such injustices are done every day as people fail to recognize how cruel people can get when involve in an emotional tussle to hurt their ex-partners.
-Matters of Domestic or emotional abuse
If one consults a family lawyer in Dubai, they would be guided as to how one should deal with matters of domestic abuse. Given the case of physical or emotional distress, the rulings in the courts of Dubai would be very different from the normal ones. This could impact the custody of the child, financial division, and even add a criminal offense to the chapter. Most people are afraid to come forward with domestic disputes as it sheds a bad light on the family name and in other cases, the parties are scared of being harmed in the future as well.
In the absence of a good family lawyer in Dubai who could be trusted, the client may lose finances and offspring after enduring emotional or physical torture for years. This may also include slandering the character of one’s spouse or blaming them for financial or emotional distress.
The most important factor in the application of a divorce is that both parties should agree to the end of the marital contract. Lawyers in Dubai can guide the clients through the entire procedure and provide any help that is required. The Federal Law Number 28 of 2005, as amended by the Federal Decree-Law Number 29 of 2020, governs and regulates aspects such as divorce, child custody, inheritance, marriage, maintenance, and other family-related matters.
The first step would be to file for a divorce for which either of the party must register for it under the category of family guidance section. To start the procedure the married
couple is asked for proof of the marital contract, ID, passports, and a copy of the certificate of marriage.
With the help of lawyers in Dubai, the couple would be advocated and counseled which could take a few sessions. All the details of the divorce would be settled there. After all the delicate matters are resolved about the custody of the child and the division of assets, a document is procured and the clients are given a date for the final hearing in front of a magistrate. The document would now be translated into Arabic and advocates in Dubai will ensure the validity of the documents in a personal status court.
At long last, the couple arrives in the court in Dubai at the date of the hearing and the judge sees the cause of divorce as well as the authenticity of the documents presented in court.
This is where the judge would pass a ruling and ensure the divorce. Once the divorce is final, the couple is given a certificate of the divorce the same day as the hearing.
Once the couple has the certificate they would submit it to the Department of justice if the couple is local. In case the couple is not local, the documents would be submitted to the Ministry of foreign affairs and the consulate of the respective countries of the parties involved. The couple should be very sure about their decision before applying for divorce as this certificate cannot be revoked or canceled once it comes into issue. There will be no way for the couple to reconcile unless they marry someone else and divorce them and remarry their ex.
The divorce proceedings vary slightly when it comes to foreigners due to the difference in the submission of the documents and more departments being involved in the process. To file for a divorce, the rates start from approximately 500 AED which then adds to the cost of attestation of the papers. The papers are usually attested in the department of foreign affairs and the ministry of justice. Further charges would be involved depending on the consulate and the country to which the couple belongs.
Divorce lawyers in Dubai would charge their fee separately and that fee is not included in the above-mentioned expenses.
The Family Guidance Committee is a part of the Dubai court and works as an arbitrator or reconciliation hub before the start of a trial. Both parties will be summoned to sit face to face to discuss the divorce and the reasons behind it along with a family guidance representative. The officer of the Family Guidance Committee will have to act as a mediator and try to find ways to patch things between the husband and the wife.
If the parties agree on a solution out of court, there would be a report in the observation of a judge and the representatives of the committee along with the spouses. If no reconciliation is made, the case is allowed to go to court and everything would proceed in the normal way. Our Divorce lawyers in Dubai would always be one click away from guiding you through the entire process ensuring a smooth and stress-free experience.
As far as the Muslim couples are concerned, there would be a Shariah law implemented. Even if one of the parties involved is Muslim, such as if the husband is Muslim and the is not, the shariah law still applies. When non-muslim couples apply for a divorce, however, they must be in line with the laws for ex-pats that are made by the courts in Dubai.
According to Article 1 of the Federal Law No 28 of 2005 for Personal Affairs, the parties must apply for the non-citizen’s law of the UAE, unless they request the law of their homeland. This law can imply that the couple can request the laws of their own country while filing for a divorce, but further documents need to be signed and the procedure is lengthy. If there is no solution to a particular problem in the foreign laws, the law of Dubai would be implemented in that case.
Usually, it may take up to six months for a divorce to be filed but in case of complications, more time and money can be spent. In some cases, the women may also initiate the process of divorce on the basis of physical or emotional damage. However, the damage needs to be proven in court in the form of medical reports or psychiatric evaluations. There are also laws that define that if a man is not taking care of his wife or children over a certain period of time, they can also apply for a divorce. Also in case of the wife having predecided on the Nikkah paper that she has the right to khula can also apply for a divorce, but she has to return the Meher (ordained money that a Muslim man gives to his wife at the time of the marriage).
The Shariah courts also extend their services to people of all ethnicity and regions which means even if a person comes from a different religious background, the court can apply its rule on the situation depending upon the choice of the client. A lot of complications may occur during the proceedings of Divorce. The couple might belong to different schools of thought which would imply different methods of divorce. Similarly, there are cases of accidental divorces and divorces made with the help of a phone, without the presence of witnesses, done in a state of intoxication or as a joke. It is important that the family lawyer in Dubai that you hire is well versed in Shariah law and is able to guide you through the process in a professional way.
A lot of complications might occur in the matter of child custody as well as a lot of factors play an important part in the decision of who gets the child. Among those factors, some are the age of the child, the child’s preference, the ability of a parent to financially support the child, the sense of responsibility, and lack of unlawful traits in either of the parents as well the future marital state of the wife or husband. Hence, it is very important to hire a professional divorce lawyer in Dubai for these matters.
From the safety of assets to the child support issues, there are many reasons why hiring a qualified divorce lawyer in Dubai is essential. As a rule, matters which are sensitive in nature should be dealt with with utmost sensibility and the family lawyers in Dubai should ensure the privacy of the clients. Unlike the family lawyers who are easily available at cheap rates, the clients must think about the stakes and then decide the best advocates in Dubai for such a situation.
If your divorce lawyer is from Dubai, you might have an edge if the other lawyer isn’t a local one. Your lawyer will know the psychology of the judges over there, he will know what the judge wants to hear, what the judge is looking for,
earlier. Your lawyer will be already aware of the procedures since he’s a local. Your case would be filed quickly since your lawyer knows people over there and this can speed up the process, this can also reduce the number of hearings of cases which saves your time and your money.
A local family lawyer in Dubai would add to your chances of getting a fair settlement, and would reduce your stress. A good family lawyer in Dubai would guide you and inform you about your choices. If a settlement is an option, there is no need to drag the case to the court for months, thus, hurting the mental health of a child (if involved) or the spouses. Second-hand lawyers would try to drag the case for a longer period of time. Thus, increasing the expense and delaying the closure the client deserves. To summarize, here are a few reasons why hiring a divorce lawyer in Dubai would be beneficial for you:
If you do not hire a lawyer, the court officials and the government departments can delay your work and cause you a lot more fatigue because usually, a client would have no idea where to go and whom to talk to. Yes, there is information available on the internet, but how accurately do you consider it to be? Even if the information is accurate, lawyers in Dubai would know whom to talk to based on
In conclusion, there are many things that may go wrong in divorce proceedings if the case is not handled properly. Due to the involvement of emotions and matters of children and finances, divorce is and will remain one of the most sensitive aspects for the court. It is very easy for one of the two parties to make a stupid decision in the face of emotional vulnerability. As the parties are emotionally invested and drained financially and exhausted to the core, it is the job of our Divorce lawyer in Dubai to make sure that there are no stupid decisions made.
Thus, in order to avoid misunderstandings, fraudulent claims, unjust rulings, and public shaming along with a great chance of wasting money, one must hire a qualified and professional family lawyer in Dubai. A divorce lawyer in Dubai moreover, who can take care of the entire business smoothly and discreetly.