Frequently Asked Questions
No lawyer can set a specific and precise time frame for how long a divorce case may take before the Dubai Courts Family Courts.
It may be useful to mention here that the issue of divorce passes through two important and necessary stages.
Firstly, we have the stage of the Family Guidance Department, in which this department seeks through a social mediator to resolve the conflict amicably, and this stage ends quickly in the absence of a clear intention or desire to settle the matter on the part of one of the parties, while it takes a long time as long as it is There is seriousness on both sides in settling the matter by concluding an agreement or closing the file to resolve the dispute amicably.
Secondly, comes the stage of litigation before the Family Court after the failure of reconciliation efforts before the Family Guidance Department, a stage that passes through three degrees of litigation according to the laws of the Emirate of Dubai (the Court of First Instance, the Court of Appeal, and the Court of Cassation “Supreme Court of the Emirate of Dubai”).
In the stage of litigation with its three levels, each case differs from the other in its circumstances and facts and in the procedures that each judge needs to resort to, for example (opening an investigation, listening to witnesses, inquiring from specific official bodies, and interrogating the two parties personally by the judge).
The litigation procedures may end in months, and may exceed the period of the year, as the matter is largely relative. For example, the case may end before a court of first instance, and the judgment becomes final if neither of the two parties appeals against it within the legal period allotted for that.
This is in addition to the fact that the UAE law periodically and continuously tends to speed up the litigation procedures, and this is shown through the amendments that the UAE legislator is keen to issue from time to time.
Although this reason is one of the reasons for dropping the custody of the mother married to a new husband, the practical reality and the judicial application of the Dubai Court of Cassation (the Supreme Court in the Emirate of Dubai) requires that this new marriage negatively affects the custody of the children, as the new marriage is not a reason in any way. It is not enough on its own to revoke the custody of the mother.
If it is the father who wishes to travel with the children, he cannot without the written consent of the custodial mother, but if the mother is the one who wants to travel, she can do so by submitting an urgent request to the Court of Temporary and Urgent Matters, requesting travel for a specific period, and she must provide guarantees for her return again with the children. Often, the required guarantee is a passport that guarantees the mother’s return.
Yes, the wife whose first divorce case was rejected due to her inability to prove the harm inflicted on her, can file a new divorce case, and in this second case, the court will resort to assigning the two parties to nominate two arbitrators from their families, otherwise the court will take care of this to try to reconcile the spouses.
The most important advice to give here is taking full care of children, and care here means; health, social and educational aspects.
This is the key to extending the legal custody age for women after the end of their legal age. On the other hand, neglect puts maternal custody at risk of forfeiting, even before the legal custody age for women expires.
For example, avoid traveling for long periods of time in circumstances that suggest leaving children without care or attention. Take care of children’s health, and keep periodic documents that reveal the safety of children’s physical and psychological health, as well as school reports that show their academic excellence.
Forgetting to give the medicine was a reason to drop custody of a mother in a previous custody dispute. Also, the low academic level of the child and his aggressive behavior in school, may also be a reason for dropping the custody.
In this question, I will answer only the rights of the divorced woman, not the incubator, so my answer will be all about the rights of the wife who asks for divorce, regardless of her custody of the children, because custody of children requires other rights.
There are several basic rights referred to in the UAE Personal Status Law, which are; The delay of the dowry, the maintenance of the waiting period, and the alimony (the expense of the alimony is owed by the wife who was divorced against her will).
A divorced wife can also claim marital maintenance up to 3 years prior (maximum) to the date of filing the case (but she must prove that the husband was abstaining from spending in the previous periods). Also, the divorce petitioner is also entitled to claim the sums of money that she had paid to the husband during the marriage, because according to UAE law, the woman has a financial liability independent of her husband.
But in the meantime, the judicial nature of the courts of the Emirate of Dubai imposes an application derived from the provisions of Islamic Sharia, so the non-Muslim wife may not obtain the maintenance of the waiting period, for example, because non-Islamic systems do not know the waiting period after divorce, because the non-Muslim wife is not detained after the divorce in favor of her husband. Therefore, there are many elements that govern the issue of the financial rights of divorced women in the UAE, the most important of which are the religion of the parties to the conflict, the law applicable to the conflict, and so on.
Yes, you can, but before you rush to bring a translated copy of your national law, you must understand what the UAE Personal Status Law allows you, because it may offer better options and solutions than your national law, so you should study the matter well and consult a lawyer who is specialized in the field of personal status In the Emirate of Dubai, as well as a lawyer specializing in the same field from your country, and it may be useful to arrange a remote meeting between your lawyer here and your lawyer in your home country to compare the guarantees and options offered by each law in your dispute.
Of course, but you must meet other conditions of custody, and you must prove that this marriage affects the efficiency of the mother’s custody of the children.
I suppose now that you know well that the age of female custody of female children is 13 years, while males are only 11 years old.
You must know that the end of the age of women’s custody of children does not give you the right to custody automatically, but you must file a lawsuit to prove your eligibility for custody of children, and that the conditions of custody apply to you as well.
It is also important to know that the court can extend the age of mother’s custody of the children as long as it sees that it goes for their best interest.
You should know that the rules of judicial jurisdiction are part of public order in the UAE, and they are one of the red lines that Emirati courts are bound by because they are also related to the rules of international jurisdiction. Also, if you know your wife’s address abroad, you will not be able to obtain a divorce ruling here in the UAE.
You can file a custody dispute before the Dubai Personal Status Courts immediately, and you have the opportunity to obtain a custody ruling against the other party,
To implement this judgment abroad, you must consult a lawyer who specializes in the law of the country in which the judgment is to be executed.
Of course, you can, as agreements on personal status issues do not have absolute authority. Rather, their authority and strength are temporary and change with the change of circumstances and conditions.
The child may be neglected, and the new husband of the mother may treat him badly.
The mother may get sick and cannot perform her duties as a custodian, and other reasons for which the judge will always consider the interests of the child before deciding which is the best party for the custody of the child.