Marital dissolution is a legal split-up between a husband and a wife on the orders of the court. When both the parties involved in a legal relationship wish to terminate their marriage and are unable to decide on the terms and conditions amicably, then the law provides them with legal options and the necessary framework to accomplish the deed. The divorce lawyers become intermediaries to represent both parties in the legal proceedings of divorce. Let us tell you even if both parties are agreed and want to finish the matter amicably then still they have to go through the same route known as contacting family courts, reconciliation sessions then finally judgement through court. This pattern is applicable to Muslims because sharia law applies to Muslims. For Non-Muslims, another pattern is followed. Please check with the top lawyers by the top law firms.
In the UAE, marriage among Muslims is conducted based on Sharia law. Likewise, this law covers divorce among Muslim couples as well. People who are residing in the UAE and are Muslims as well, get divorced according to the Sharia or UAE Law. Similar legal proceedings follow in case a Muslim husband and non-Muslim wife apply for getting a divorce through the court.
Divorce Laws differ when the couple in question is a resident of the UAE but an emigrant or in other words a foreign national and a non-Muslim as well. It is permissible for such people to file for divorce in their country of origin. They are also given the legal option to get their own country’s laws applicable on their case file in the court of law in the UAE. This legal liberty is exercised under special provisions for non-nationals exclusively. In case, if either of the party’s native country’s laws doesn’t cover any specific aspect of the divorce proceeding, then the UAE’s court of law holds the authority to apply the provisions of the UAE’s Personal Status Law. However, the amendments made in 2020, also make the applicants entitled to choose the law where the marriage got done.
In the UAE, such divorce case files may take around a few months to get their willful separation from the marriage finalized through court proceedings. UAE meticulously safeguards the rights of expatriates. Its legal framework assists and safeguards them in every way possible to facilitate when required. Not just in divorce affairs but it also gives them the right to get married here. They can get this union legally registered and certified in the UAE as well if they get married somewhere outside the premises of the United Arab Emirates. Emirati lawyers are expertly trained to handle such case files for their clientele. Even the Emirati Legal Consultants are prepared enough to share the advice with those who are seeking legal advice initially.
Custody Law and Custody Lawyers
Broken relationships have their implications. Emotional trauma as well as legal affairs are bound to ensue. When both the partners decide to part ways and terminate their legal status of being married, it becomes a traumatic experience for the children involved in such a relationship. Law provides detailed bodywork to handle such complications. Custody laws are formulated in the UAE, giving an acute consideration to safeguarding the interests of children in the best way possible. Child custody lawyers have in-depth comprehension and expertise in this legal facet. A notable point in this regard is that custody of the child is decided upon, keeping in mind the role the mother and the father would take up post their marriage termination towards their child. These roles are denoted by two terms: custodian and guardian.
A guardian acts as the financial supporter of the child’s maintenance. The expenses of his food, education, clothing, medical, etc are to be borne by him. He or she has a right to make key decisions of his life related to all the major matters and is responsible to take care of the child’s matters in general. A custodian, on the other hand, is in charge of taking care of the child’s upbringing daily. He or she is the one having the real and physical custody of the child. The primary responsibility of nurturing and raising a child lies in their hands. They are to care for and attend to the child’s needs on a day-to-day basis.
The custodianship is primarily won by the mother and the guardianship goes to the father but the roles can be reversed to safeguard the child in the best possible manner. The child involved in such a case is a boy, he is to remain with his mother until 11 years of age and if it is a girl, the custody period is 13 years. For the parent to be the custodian, a list of criteria must be fulfilled. The prerequisites include sanity, sincerity, maturity, not being infected with a serious disease, not being a criminal, and being able enough to take responsibility. In case, they lack somewhere in the aforementioned standards, the opposing party can advocate it through their lawyers and win the custody battle.
Note:
Blog is for information purposes only. If a reader is deciding to go legally then we suggest consulting the legal consultants first. You can consult our Lawyers and Legal Consultants as well. We are also connected with a Full-Service Law Company known as Al Shaiba Advocates and Legal Consultants Ask The Law. We can provide the legal advisory session to those who are reading this blog with the mindset to take legal action or they will take the action based on the content of the post. We will be owning no responsibility because the blog is only for knowledge and discussion purposes. For further knowledge, information, notes, proceedings and executions, we recommend booking a paid consultancy with the Lawyers expert in the domain you are looking forward to getting the advice.