Once both parties are granted a No Objection Certificate from the Family Guidance Committee, they are legally allowed to file a family case in the Dubai Courts. The second part of the guide to family court proceedings will cover the most common mistakes parties make upon entering into settlement agreements, mostly based on inadequate legal representation or legal advice.

We’ve observed that some parties sign settlement agreements without seeking advice from a specialized lawyer, resulting in serious repercussions for them and their future. It’s important to note that such agreements cannot be amended unless both parties consent. Here are some common adverse outcomes of signing without legal representation: Khairallah Law Firm, Family Law UAE.

Some agreements state, “It is agreed that the custody of the children is given to the mother.” The husband signs this clause presuming that custody will belong to the mother due to the ages of the children (13 for a female child and 11 for a male child) because they are underage.

Claim Declaration

A claimant or attorney prepares this document in the family law UAE case. The leading Arabic document should contain the identities of the parties – their names, titles, addresses, and phone numbers; the legal background; and the Claimant’s request. The Statement of Claim serves as a compilation of the facts and leads the case.

Filing the Claim

Thereafter, the Statement of Claim is submitted in an online system with the Family Court Dubai. The court then reviews the claim after it has been received in the Case Management Department. The claimant may also be required to offer any more information, including the clarification of any facts or contact details of the parties amongst any other relevant information for it to proceed to the next stage of this family court process.

Notification Process

The claimant faces the most challenging part of the proceedings concerning the notification in Family Law UAE cases. It takes a long time, representing 30-40% of all time frames of the demand business, and this kind of activity might be required within a period of up to 4 months.

Once the case is filed, the Notifier will issue a summons to serve the Court proceedings on each listed Respondent. The summons, signed by the Court, shall include the Court’s name and address; parties’ names and addresses and addresses of the same; shall be directed to the Respondent or Respondents as the case may be; and the date shall request initial hearing appearance Family Court Lawyers Dubai can explain this further and help you through the process.

Processing Memos

After notifying the parties, exchanging memos begins in family law UAE cases. The Claimant or their lawyer submits the initial memo to the court as the Statement of Claim. Following this, one of two scenarios is likely to unfold: Firstly, the Respondent may request additional time to study the Claim or to appoint a lawyer. Secondly, if the claimant attends the first hearing themselves, their lawyer is likely to request time to study the file. These requests must be submitted in writing or verbally to the court.

Acceptable Communication in Family Law UAE

The Family Court in Dubai considers and typically accepts all written correspondences exchanged between the parties as evidence to support or refute claims. These written correspondences encompass emails, text messages, WhatsApp messages, and other commonly used tools of written communication.

Mediators

If the Claimant’s claim is challenging to prove, the court in family law UAE may appoint mediators. The purpose of these mediators is to independently communicate with the parties and collectively explore options for reaching an amicable settlement. This process is conducted with the social importance of the family unit in mind.

In these communications with the mediators, the mediators seek, honestly and actively, the reasons for the claim and the wish for divorce. Therefore, they must understand who is to blame for the breakdown of the marriage and how to amend the situation. In addition, the mediators ask questions to understand whether a happy life is possible between the parties and whether they can make amends. These communications are of remarkable significance in the UAE marriage law.

If the mediators successfully convince the parties to halt the divorce proceedings under certain agreed conditions signed by the mediators, the matter is then referred to the family court. The parties have an opportunity to object to the report submitted by the mediators and can present their claims supported by evidence. The judge is not legally authorized to disagree with them. These steps are integral in the context of divorce in UAE.

Custody Rights for Muslim Parents: Understanding Child Custody in UAE Personal Status Law

In the UAE, child custody among Muslim parents is handled based on the UAE Personal Status Law. The following decisions are made by the court. Parental capability: the court analyzes both parents’ ability to establish a stable and conducive home for the children . Child’s age and gender: in the UAE, the court considers the age and sex of the child. From the traditions, a mother is issued custody of a boy until he is 11 years old and 13 for a girl . Religious affiliation: The Muslim child must be of the same religion as the mother unless determined by the court that it is in the child’s best interest.

Non-Muslim parents’ custody rights are regulated by Federal Decree-Law No. 41/2022.

An exceptional case may occur, however, when the joint custody must be reconsidered: one of the parents can become a real threat to a child’s safety. Additionally, neglecting the most important duties can also serve as a valid reason for custody reassignment. The court has the right to revoke custody if necessary, and the child’s well-being remains the highest goal to reach. * Transition: Therefore, when parents cannot agree on custody, each of them can appeal to the court on this matter. It is done to make fair decisions and keep the child safe, ensuring the well-being as the highest concern.

FAQ

1- What is the family law in the UAE?

The Decree Law addresses family matters concerning marriage, divorce, inheritance, and child custody. It establishes the requirements and procedures for marriage and the registration of marriages with the competent courts. Additionally, it delineates the procedures for divorce, which individuals can initiate jointly or individually.

2- What is the new family law in Dubai?

On 1 February 2023, the UAE implemented its new civil family law regime – Federal Law No (41) of 2022 on Personal Status. This new regime aims to address the cultural obstacles faced by non-Muslim residents and their families in the UAE.

3- What are the custody laws in Dubai?

Usually, courts grant custody of male children up to the age of 11 and female children up to the age of 13 to mothers. Regarding religious compatibility, Muslim mothers must adhere to the same religion as the child, unless the court determines otherwise in the child’s best interest.

4- What to do after the court judgment in the UAE?

When you initiate litigation in court, your case proceeds to the first level in the court system, which is the Court of First Instance. If you are dissatisfied with the judgment rendered there, you have the option to appeal the verdict in the Court of Appeal. However, certain legal conditions and criteria determine whether and how you can take this step.

Conclusion 

Nonetheless, whether you are a Muslim or non-Muslim, you need to be fully appraised of child custody UAE laws once you have to undergo divorce. These laws are enforced to ensure an offspring grows in a favorable space, despite the possibilities in marriage. If you need online local Dubai lawyers please don’t hesitate to contact us.