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Capital civil courts have the power to hear disputes between husband and wife
Earlier this year, a British judge ruled that a British couple living in Abu Dhabi divorced, the first such victory by a UAE court, and they applied for divorce in two separate courts (the Abu Dhabi Civil Court and the British High Court) , can be done in Abu Dhabi.
A lawyer who regularly gives expert opinions in foreign courts, Diana Hamade, founder of Diana Hamade Attorneys at Law, represented one of the spouses in this case and successfully argued before a British judge, after proving that litigation in Abu Dhabi was possible . The capacity of Abu Dhabi civil courts to handle non-Muslim family matters, including divorce.
Here, Hamade explains what to expect when expatriate couples wishing to divorce file for divorce in the Abu Dhabi Civil Court.
Q) In the case of a UK couple resident in Abu Dhabi seeking divorce, as one of the parties’ respective legal representatives, you successfully argued for the competence of the Abu Dhabi civil courts in dealing with divorce proceedings, not in the UK. This What is the significance of a victory?
A) A married British couple living in Abu Dhabi filed divorce applications in two courts, the wife in the UK and the husband in the Abu Dhabi Civil Court. After reviewing the application, the judges of the English High Court ruled to allow the proceedings to be completed in the Abu Dhabi Civil Court. This is because the habitual residence of the parties and their children is in Abu Dhabi, and Abu Dhabi is equipped with a family civil court which is not based on Sharia law, which affords the wife the protection afforded under Sharia law. English law.
I was able to explain to the English courts that our legal system values and respects the need to ensure anonymity in family cases and that judgments are published in the Official Gazette only by initials of the parties to the proceedings. I was also able to demonstrate that our legal system is fast and highly adaptable, having become a globally recognized jurisdiction consisting of a mixed system of civil law and common law cases.
Although our legal system is not as old as the UK, it has achieved a lot and grown exponentially, providing people around the world with the legal solutions they need. The Abu Dhabi Civil Court has been an integral part of this advancement and has demonstrated its ability to follow the exceptional standards that the UAE has adopted for its judicial system.
Q) Why do you advise non-Muslim couples who plan to divorce to apply for divorce in the Abu Dhabi Civil Court instead of the legal institutions in their own country?
A) The Abu Dhabi Civil Courts encourage amicable divorces through no-fault divorces. Either the wife or the husband can request a no-fault divorce. The approach taken was to grant divorce by filing an application without providing evidence of the reasons behind the breakdown of the marriage. As a result, neither partner blames the other for the breakdown of the marriage, and the divorce process is quicker and less stressful for both parties. An amicable financial settlement agreement is favorable unless disputed, and joint custody is automatically granted unless disputed or custody is waived by one of the parents.
Q) Can couples married in different countries still apply for divorce in Abu Dhabi Civil Court? What if they live in a different emirate in the UAE?
A) Expatriate couples planning to divorce must prove a connection to Abu Dhabi. Applicants must reside in Abu Dhabi, or the marriage certificate must have been issued there.
Q) What does the process look like and what can people expect?
A) Either spouse may file for divorce without proving any damages. The no-fault divorce application is to be completed by the applicant and can be found on the Abu Dhabi Ministry of Justice website and submitted on the Abu Dhabi Justice Department Portal website together with a copy of the marriage certificate and a copy of the identity card. A court order divorce will be finalized upon notification to the other party. There is no need to send the case to a family counseling unit, the divorce will take place at the first meeting after filing the case with the court. Divorce becomes effective upon court decision and notification by the other party.
Q) Is the AD civil court similar to the divorce procedure practiced in any particular western country (eg UK?)?
A) Not necessarily in a particular jurisdiction, but it does follow the post-divorce marital regime/division of assets, which was drafted by the Abu Dhabi Civil Court for its own jurisdiction.
Q) You have witnessed many transformations in the country’s legal system. Can you describe some of the notable developments that have been made within the UAE legal system?
A) The government is committed to providing everyone with a legal system that suits their individual needs and circumstances. The alignment of the judiciary with this vision is astonishing.
Many other recent introductions to the UAE judicial system include an introduction to Abu Dhabi’s Family Civil Courts for non-UAE citizens and of course, the recent digitization of legal proceedings and proceedings due to Covid-19 has further developed and become a major functional part of our legal system .
According to the Abu Dhabi Civil Marriage and Divorce Law No. 14 of 2021, expatriates from countries where Sharia law does not apply can apply for divorce online. The divorce fee is Dh5,000 and does not require the services of a lawyer. The final divorce decree is expected to be issued within 30 days.
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