Family Law, I’m gonna give you a scenario as it’s relevant to everyone I believe. Say for instance Susan and James happy married for five years, and now like most couples they have a number of arguments. However, the reason why James has been arguing with Susan is because James feels Susan is far too independent and spending far too much time on Her own. And now Susan doesn’t agree, so that has make James much more frustrated and unfortunately he turns to physical violence towards Susan. I mean what are the laws that define physical abuse between Husband and Wife in the UAE.
Husbands are not allowed to beat their Wives under any circumstances. Any physical violence create mark on Susan’s body would give Her the right to get medical reports and file a criminal case against Him followed by family case in Dubai courts. OK, and what can Susan do straight away if She does become a victim Medical report has been taken as soon as possible. Criminal charges is optional, if She did it, Her Husband might face Jail sentence. She doesn’t wish to go through criminal proceedings, She might keep the medical report in Her file and use it before the family courts.
As a ground to get divorce. OK. What happens is there anything different if say Susan and James are of different nationalities As far as the physical violence was committed in the UAE territory, criminal proceeding can be done. Before the family case, they consider the residence visa is both of them are UAE Resident, the family proceeding can be done before the family Judge. What is the law in the UAE for marriage between different nationalities If the party are Muslims, Muslim Wife wouldn’t be allowed to marry to non Muslim man.
Advocate in Dubai Hassan Elhais Family Law Answering Legal Questions UAE
However, Muslim man has the right to marry to Christians or Jewish Wives. There are a lot of certain requirement for Muslims couples to marry. Like having witnesses, paying lump sum amount on the marriage which we called it dowry. Having the Father or the Guardian of the Wife attending and accepting the ceremony. That’s for Muslims but for nonMuslims we wouldn’t need any of these. Any marriage done before governmental entity, foreign governmental entity, fully attested can be used before the courts and getting recognized. What is the law regarding divorce If you are from different nationalities does it make a difference.
Or is it different if you’re just a Muslim in this country As far as parties are UAE resident, they have the right to apply for their own laws. and they have the right to use UAE laws if they failed to provide copy of their own laws UAE courts doesn’t require minimum period of stay in the UAE to apply for a divorce as far as the parties have their own resident visa. Unlike other countries which require to have, to stay in their jurisdiction for minimum period for like some countries 6 months, some other countries 1 year.
Here just get your residence visa, UAE courts would accept your application. OK. So what’s the difference between divorce and annulment then in the UAE If the marriage is done against the UAE public morals, it will be considered invalid and the Wife will have to apply annulment. But if it’s done in complying with the UAE laws, annulment is not an option. we will have only to apply for divorce. OK. Are the rights the same for the Husband or are they different The same applies on the Husband. OK. Thank you.