About Divorce & Separation Law in Sharjah, United Arab Emirates
The United Arab Emirates (UAE), Sharjah included, is a Muslim country where Sharia Law is observed, and it plays a significant role in affairs of marriage and divorce. While divorce is legally recognized and permitted in the UAE, it is often considered a last resort, and the law reflects this viewpoint. There are two principal forms of divorce under UAE law: 'At-Faskh,' a court-ordered cancellation of the marital union, and 'Talaq,' an Islamic divorce initiated by the man.
Why You May Need a Lawyer
Understanding and navigating through the divorce process in Sharjah can be complex due to the juxtaposition of Sharia Law and modern Emirati standards. This complexity makes legal advice and representation essential. Legal aid may be necessary in situations related to asset division, child custody, and alimony. A competent lawyer can protect your interests, ensuring that your rights are not violated and fair settlements are achieved.
Local Laws Overview
Under UAE law, a woman can seek divorce on several grounds that include but are not limited to significant harm, abandonment, and lack of financial support. However, it's essential to note that under Islamic Law, men generally have the unilateral right to divorce their wives without needing to demonstrate any cause. In contrast, women must go to court to obtain a divorce and must have a legally accepted reason.
The courts consider several factors in divorce cases involving children. Depending on the ages of the children and the circumstances surrounding the divorce, the mother or father may be awarded physical custody while the other parent receives visitation rights. However, legal guardianship still typically goes to the father.
Frequently Asked Questions
What are the grounds for divorce in Sharjah?
There are several grounds including but not limited to abandonment, continual dispute, cruelty, harm, non-support, or the couple could be found incompatible.
Who gets custody of the children?
While the father is often given legal guardianship of the children, it is not uncommon for the mother to be awarded physical custody depending on the children's ages and the circumstances surrounding the divorce.
What is the process of divorce in Sharjah?
The process starts by filing a case at the Family Guidance Section at the respective judicial department. If no reconciliation occurs, the case will be forwarded to the court. The judge will then make a decision based on provided evidence and UAE law.
Is it necessary to hire a lawyer for a divorce case?
While not compulsory, a competent lawyer can ensure that your rights are safeguarded and you achieve a fair settlement. Legal proceedings can be complex, especially in cases involving child custody or asset division.
What happens to shared property after divorce?
Financial and property matters are usually settled in the course of the divorce proceedings. Sharia law provisions will typically guide these, but the specifics can be complex, thus further highlighting the need for quality legal representation.
Additional Resources
You are advised to consult government bodies such as the Sharjah Family Court and the Ministry of Interior who provide relevant legal advice and support. Also, consider reaching out to non-profit organizations that provide counseling and support services for individuals navigating a divorce.
Next Steps
If you need legal assistance, start by identifying and contacting a reputable lawyer familiar with UAE divorce and family law. Upon consultation and retaining an attorney, ensure you provide them with all relevant information and documents. Remember, honesty and transparency with your attorney will go a long way in ensuring a desirable outcome in your legal situation.
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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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