The General Legal Discussions:
The official conclusion of marriage through legal channels on orders of the court is known as Dissolution. It is also referred to as Divorce. Marriage dissolution revokes your legally and socially approved status as a husband and wife. Once the court sanctions your plea for divorce, you can’t revive the relationship again. Moreover, divorce has its own set of implications to be faced by both parties. It involves the resolution of issues like child custody, division of assets, and claims made by the wife, etc. Please be informed there are always differences between few things like Divorce, Separation, Khulla, etc. Before filling a family case the applicants or both parties should consult the Lawyers first. These Lawyers or Legal Consultants will provide the knowledge of the Law, which is implemented in the region, one wants to file the case.
The Well Acclaimed Lawyers:
The well-acclaimed lawyers in dubai and the rest of the world are hired by both sides to settle any such claims made by either party. These attorneys need to be apt in the field of Family Law to make a winning case. They advocate the client’s cause and defend them as well against the charges made, in front of the judicial bench. Obviously, no one can afford to represent the case himself. A Layman can’t manage to deal with cases on intellectual grounds, professional grounds. He does not possess the expertise and authorization needs to appear in Family Courts. It all left him with no option except to hire professional lawyers, also known as Family Lawyers.
UAE Family Law For the Divorce:
As per Sharia Law(Islamic Law), a wife has nothing to pay the spouse for the maintenance of the child. It also applies if the husband is not having any employment, business, or source of income. As far as dowry is concerned then the husband will return at the time of divorce when marriage is no more as per the Court, as per Sharia as per the defined rules. When a lady asks for separation also known as Khulla then she has to give up the legal rights she is given by Sharia. As per the defined Sharia Law, the wife will not be paying anything for the maintenance of the child/children or husband, even if the husband does not have a proper job/source of income. Upon divorce, the wife has the right to claim moral compensation, expenses, if the husband has not supported her in the last year of the marriage, and financial support for the three months after the divorce also called as Waiting Period.
Nafqet Motaa & Nafet Eda
As per UAE’s Family Law, the wife is entitled/allowed to make the Three Types of Compensation Claims during the Divorce proceedings. The very first compensation type is known as or called as “Nafqet Motaa”. Here, the wife demands or may demand the husband to pay her compensation equals to expenses for a year. It includes the factors of emotional distress and mental harm. If this claim gets sanctioned in favor of the wife, she gets authorized to receive a 25% share in the husband’s earnings in a year. Practicing lawyers who specialize in the Family Law category advise that the wife can claim for the second type of compensation as well. She will have the lawful backing to receive 25% of her husband’s yearly income if the husband failed to support her financially during the last year of being married.
Furthermore, the third type of monetary settlement is known as “Nafet Eda.” This is a type of claim which a wife is permitted to make from her husband to provide for her financially post the dissolution of marriage. This claim remains valid for three months after the divorce. It is referred to as the ‘waiting period.’ This time frame also ascertains whether the wife is pregnant or not following the divorce with her husband.
The husband, as the father of any children of the marriage, is obliged to financially look after. But when they are living together as husband and wife then as per Sharia the main responsibility of domestic management is up to the husband. He is made a leader of a family.
Child abduction is a horrific reality. It is one of the many heinous crimes committed around the world. It involves minors who are unaware of the seriousness of the act, making it an all the more terrifying and frightful experience. Child abduction is the illegal or unauthorized stealing or keeping of a minor or child from his parent or guardian. When child abduction cases involve international borders then the case becomes more complicated. The varying rules and regulations of the countries involved make it an entangled legal issue. In case the parents are going through a divorce, and either one decides to retain the child against the law, then legal implications are bound to follow. This act is also considered a crime of child abduction. One has to pay the price of taking the law into one’s own hands.
The country has a legal framework available for those who’re going through a divorce and get charged with abducting their child. In such a case file, a partner kidnaps his child from any country and brings him to the country without the approval or consent of the other partner. Highly skilled lawyers in dubai can handle such complicated cases since they involve legal injunctions of two different states. Child custody laws are crystal-clear in the UAE. Upon the grant of divorce, the mother gets custody of the child till a certain age. The father is the legal guardian and also holds the responsibility of fulfilling his financial needs. However, if any child enters the territory of the UAE without the consent of either of the spouse, then the country’s legal system has manifested distinct principles to return the child to the lawful caretaker. In child abduction cases, the safety and well-being of any child, be it within the country or from anywhere across the world, is the top priority of the government. Thus, courts tend to follow their stipulated legislation to solve up such matters. The legal system categorizes child abduction cases as custody cases to ascertain the rightful custodian and consequently hand over the child. If either of the lawyers proves the charges of abduction against the opposing party, then the parent guilty of such a crime has to face severe punishments.