About Divorce & Separation Law in Abu Dhabi, United Arab Emirates
Abu Dhabi operates under the UAE Federal Law No. 28 of 2005 on Personal Status, often referred to as the Personal Status Law. This law governs matters related to marriage, divorce, child custody, maintenance and personal affairs. It is a mix of Sharia and modern family law. Divorce and separation have specific legal procedures, and it's essential to understand the complex processes involved.
Why You May Need a Lawyer
While it is not mandatory to have a lawyer in divorce and separation proceedings, it is highly recommended due to the intricate nature of these laws. Professionals namely lawyers would assist not just in paperwork, but also in negotiations, understanding pejorative terminologies and coming out with best possible solution. Lawyers can help in child custody battles, property division, financial settlements and potentially contentious situations, assuring that your interests are well represented.
Local Laws Overview
The primary law for divorce and separation is the aforementioned Personal Status Law. As per this law, either spouse can initiate divorce procedures. Two main types of divorce exist: divorce by mutual consent and unilateral divorce. In the former, both spouses reach a consensual agreement regarding all issues, while in the latter, one party decides to end the marital relationship. Custody of children, property distribution and alimony are also governed by specific regulations. As per Sharia law, custody usually goes to the mother, but it is reassessed as children age.
Frequently Asked Questions
1. What constitutes grounds for divorce in Abu Dhabi?
There are various grounds for divorce including, but not limited to, abandonment, adultery, harm, impossibility of living together and mutual consent.
2. How do property and assets get divided during a divorce?
Usually, each spouse retains the property and assets in their name. Any jointly owned properties are divided based on mutual agreements, and if an agreement is not reached, the court intervenes.
3. How is child custody determined?
Child custody is determined on what the court believes is in the best interests of the child. Until a certain age, the mother is often given preference. The judge will consider factors such as the parents' living situations, financial stability, and the child's preference.
4. How long does a divorce proceeding usually take?
Divorce proceedings can vary greatly in length, it can take anywhere from few months to several years, depending upon the complecity of case and agreeability of the parties involved.
5. Can I apply for divorce in Abu Dhabi if I got married elsewhere?
Yes, you can apply for divorce in Abu Dhabi even if you were married in a different country, provided you or your spouse reside in Abu Dhabi presently.
Additional Resources
To start, the Judicial Department in Abu Dhabi provides useful information about the legal procedures involved in divorce. For women, the UAE General Women's Union can be a valuable resource for support and advice. The Community Development Authority also provides services related to family life and relationships.
Next Steps
If you decide to pursue legal assistance, your first step should be to seek consultation from a legal professional specialized in divorce and family law. Gather all the relevant documents such as your marriage certificate, identification papers and any relevant financial documents. Remember, having an informed understanding of your rights and obligations can significantly affect the outcome of your divorce proceedings.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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