HOW TO HANDLE FAMILY DISPUTES IN UAE

DIFFERENT TYPES OF FAMILY DISPUTES

There can be a range of disputes family legal advice.

  • Divorce or separation is a common occurrence that requires family legal advice. According to research the UAE experiences the highest rate of divorce in the region. Although the local sharia law has laid down the grounds and procedures for divorce it can also be conducted according to a foriegn country’s law. Within a divorce case alimony and settlement also require legal advice.
  • Child custody conflicts can arise during divorce or separation cases. In the UAE custody and guardianship are treated differently and the process is relatively straightforward. However, if the law of another country is applied then the child custody and guardianship can get complicated. Legal issues may also arise related to child protection matters
  • Domestic violence and abuse is also a common factor that leads to family disputes.
  • Succession is also a significant factor leading to family disputes. Successions is a highly technical and complex process and requires the best lawyers in Dubai to not only draft succession documents but represent different parties in disputes. The drafting and contestation of wills is also a reason for employing family lawyers .

TYPES OF DISPUTE RESOLUTION IN THE UAE FOR FAMILIES

Mediation

Mediation is a popular type of dispute resolution method in the UAE and is especially practiced during family disputes. Good family lawyers in the UAE are often experienced in the mediation process. Mediation is a non judicial method of handling disputes. It is often preferred over other methods for being relatively quick, cheaper and non binding form of dispute resolution. Mediation leads to amicable resolution of disputes between all parties involved. Although mediation is a voluntary process in certain family dispute cases it is prescribed that both parties undergo a mediation process to resolve the dispute before they can begin litigation. Family legal advice

Arbitration

Arbitration is another dispute resolution method practiced in the UAE. Both parties appoint an arbitrator who must take a legally binding decision on the case. The arbitration process can take place through a single judge or comprise if a bench. Within the process lawyers from both parties provide family legal advice and argue for their clients interests.The process can take place through an institution or by Ad hoc methods. An institutional arbitration is organized by an organization such as DIFC or Abu Dhabi Commercial Conciliation and Arbitration centre.

Litigation

Litigation is a method of dispute resolution that is decided in court. Within this process two parties contest their position in court where a judge takes a legally binding decision. It involves a plaintiff, the party or individual whose rights have been violated and the defendant who has been accused. The civil courts in the UAE handle litigation cases. They include the court of first instance, court of appeal and court of cassation. This method is usually the last resort and is restored to only when methods like mediation have failed.

Different jurisdictions

Being a multicultural country with people from around the world, the UAE follows different laws for dispute resolution. Although the official law of the country is based on the Shariah, the country has the option of common law as well to cater to the legal needs of all individuals.

Sharia law

The UAE is a Muslim country therefore, the Sharia Law dictates its personal status law. UAE nationals are required to govern their legal processes based on this law, however, for foreigners and expatriates living in the country they have the choice to either opt for the Sharia law or go for the law of their home country. All family lawyers in Dubai are required to know the Sharia law

Common law

Certain areas within the UAE such as Dubai International Financial Centre (DIFC) have their own jurisdiction and legal system. They are based on the english common law legal system, giving individuals in the UAE the option of resolving their family disputes through a different tradition. Lawyers operating in this field can give useful family legal advice that is different from the local Sharia Law.

Law of expats home country

Individuals not belonging to the common law tradition or the sharia law can request the court to decide on the matter based on their home country’s jurisdiction.This provision exists to accommodate the many foreigners and expatriates that reside in the country. The best lawyers in Dubai are often well versed in the family law of different jurisdictions.