Category: Family Law

Legal overhaul set by UAE , upon family and personal law

The legal system in UAE has embarked one of the biggest overhauls and announced it on Saturday regarding the changes in family law and other areas affecting people’s daily lives .
This law will initially help in improving living standards and will also support UAE for foreign direct investment from people around the world

Amendments to existing laws and the introduction of new laws seek to regulate crucial personal and civil laws, with provisions allowing non-Emiratis to have their personal affairs dealt with according to the law of their home country.
Moreover is a home for beyond 200 nationalities along with accommodating needs to them , the reformation of law will affect laws that relate to divorce and separation, how wills and assets are divided, alcohol, suicide and the protection of women.
Furthermore, These updated laws can be used for divorces and inheritance, meaning that Islamic law, or Sharia, would be rarely used when it comes to family law cases involving expatriates. The measures have been discussed in UAE and will result into reflecting major mile stones into the country’s judicial progress.
Divorce and inheritance:
If a marriage breaks down, the most important structure relates to divorce separation and the division of assets. If the couple gets divorced in UAE but were married in home country then the law will be applicable as per the country where the marriage occurred. The new law mentions joint assets and joint accounts, and that the court could be called on to mediate if there was no agreement between the two parties.
Until now assets were divided under sharia with the help of expats on a decease of a family member but now  a person’s citizenship will dictate how their assets are divided among their next of kin, unless they have written a will. However, according to the UAE law there is one exception for property purchased in UAE and new changes will be implemented on wills and inheritance too.

Good Samaritans and suicide:

Suicide and suicidal attempt will be decriminalized. As per the law updates if a person is willing to attempt suicide, police and court would ensure vulnerable people receive mental-health support. nevertheless, any person found assisting any individual for attempting suicide will face an unspecified jail sentence.

Additionally, as per the new law if a person is committing an, act for a good intention that may end up hurting the person itself, the person won’t be punished

If you want to give help or assistance in an emergency and that person gets harmed [as a result] you will not be punished.”

Harassment and assault:

As per the law update, there will no longer be a distinction of crimes known as “honor crimes”, where a male relative can get a lighter sentence for assaulting a female relative under the guise of “protecting honor”. Rather, such incidents will be treated as crimes, similar to any other assault.

There will be tougher punishment for harassment and stalking. The punishment for the rape of a minor or someone with limited mental capacity will be execution

Consumption of alcohol:

Anyone who drinks or sells alcoholic beverages in authorized areas without an alcohol license will not face penalties and consumption of alcohol will no longer be considered crime. A person must have minimum 21years of age to drink legally in UAE as well as anyone beneath the age criteria found selling alcohol will be punished.

Consumption of alcohol is permitted in private and public licensed area. However, the federal law doesn’t apply to all Emirati as Abu Dhabi ended its alcohol license system for residents in September wherein earlier there used be a license requirement for purchasing alcohol.

Cohabitation for unmarried couples:

Until now, it was considered illegal for an unmarried couple, or even unrelated flat mates, to share a home in the Emirates but now the law will allow for the legal cohabitation of unmarried couples for the first time.

Judicial procedure:

According to the new law mandates translators are provided for defendants and witnesses in court, if they are unable to speak in Arabic. The court must make sure that the legal translators are being available. Nonetheless, the new privacy law will restrict evidence related to cases of indecent acts to get disclosed in public .

Family & Divorce lawyer in UAE

At Al Jazeera Advocates our family lawyers provide legal guidance for all the areas in family law. We help our clients to safeguard and structure their family relations and overcome with the arousal disputes among them. We give valuable advices from issues of separation and divorce, child custody, domestic violence and inheritance. Our team are qualified and experienced to deal with sensitive situations – with confidentiality, impartiality and tact guaranteed.

With the hep of expat lawyers, we educate the customer with their own rights and wills in such a manner that relate with sharia. We also help translate family agreements and arrangements into documentation that comply with the local laws and can be easily enforced within the UAE court system. we offer families peace of mind when dealing with contingencies of inheritance to custody and guardianship.

Our team are well versed with different languages and legal support ranges from guidance and advice to dispute resolution, court representation, compensation and ongoing legal support as required. However, we seek the best outcome for the family unit.

Apart from the knowledge expertise our team also understands the sensitive nature of family disputes, and help family members get the best outcomes with minimal disruption as per the possibility Furthermore, hiring a family legal consultant can expedite the matter and can help you to stay one step ahead in such emotional and difficult times.

For any requirements of family lawyer, kindly email us at info@jihadelhaddad.com.

We will be glad to assist you.