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Divorce Lawyers and this Process

    Home Family Law Divorce Lawyers and this Process

    Divorce Lawyers and this Process

    By Dubai_advocates2023 | Family Law | Comments are Closed | 15 January, 2022 | 0

    Divorce Lawyers in Dubai also known as Family Lawyers in Dubai are those attorneys or advocates who are the professional authority to represent people in personal status cases or domestic cases. These Cases can be like these other than “Divorce” only:

    • Child Custody Cases
    • Alimony Cases
    • Joint Insurance Account/Bank Account or any Property
    • Adultery or Cheating Cases
    • Separation or Khula Cases

    Al Adheed Center:

    Previously all the complaints were used to be lodged in Courts. These are the separately made Family Courts. Now all the family case complaints have to be logged in Al Adhhe Center.

    The Mediation Process is the same where court mediators will meet both parties. They will ask them about the matter. They will try to resolve the domestic dispute. If it works then the complaint will be rejected. If it does not work then upon the request of either party or the parties, the complaint or application number is sent forward to court as a court case where a case number is generated. This is the point where the story begins.

    Once the divorce is declared by the court then the couple is considered ad divorced. Certain rules ought to be adopted and followed by the lawyers of both parties in this regard. Notifications and declarations by the court are sent to a second party. A complete process is followed then divorce is announced. Divorce Laws are different for non-muslims. It can be checked here on UAE Government Information Portal. Article 1 of the Federal Law No 28 of 2005 – Personal Affairs can be checked and read where a proper definition is provided about this. It also says that the Law of the country the husband belongs to when the marriage was arranged/done will be used in relation to deciding about the property in the divorce case. Particularly for UK, and US laws where the distribution of property law is quite different from Sharia Law.

    Court Case and Family Lawyers:

    Family Lawyers are hired by both parties. They are provided with the POA called as Power of Attorneys by both parties. These are general POAs where advocates are only allowed to appear in court cases or in kind of legal representations. It can also be added in POA that the legal representation is only for this and related cases.

    Once the Lawyers are provided with the POA, then lawyers have to submit the POAs into the system. Once the POAs have been added then lawyers get the facility to support their clients. First Court, Second Court and Third Court, are the three places where lawyers are engaged with each other. The verdict at the final level called Cassation Court is considered to be the last and final place for the decision.

    As far as Child Custody is concerned then the basic principle must be kept in mind that child custody is granted to the mother but up to the age of 11 for boys and 13 for the girls. Father remains the guardian which means the mother has to and is supposed to take the permission from the father when she has to travel with children, move somewhere over when it comes to submitting the children in schooling. Visitation rights are also granted to Father, which is once, twice or thrice in a week. Alimony is awarded as per the age of children, as per the demand and needs, as per the accommodation awarded by the court. Such things can only be guessed but not predicted as one hundred percent truth. So family lawyers are also not allowed to give a hundred percent promise like other lawyers.

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