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This comes after a UK court’s question of jurisdiction over divorce proceedings initiated by wife
The Abu Dhabi judiciary thanked the international community for their trust in the Abu Dhabi courts, with the historic decision of the British High Court.
The Abu Dhabi Civil Family Court was the right venue to hear a family dispute between a British couple living in the emirate of Abu Dhabi, a statement from the judiciary said.
The British High Court has ruled that Abu Dhabi’s Family Civil Court has jurisdiction to hear disputes between British couples living in the emirate.
In his judgment, Judge Edward Hess affirmed that the Abu Dhabi Civil Family Court was established to ensure and safeguard the rights of expatriates in accordance with the provisions of the law and generally recognized principles of justice.
Therefore, the English courts are content to rule that the Abu Dhabi courts, rather than the English courts, are the appropriate jurisdiction to hear divorce cases.
The judgment follows a UK court’s question of jurisdiction over divorce proceedings initiated by the wife. However, the husband argued that the Abu Dhabi courts were the best jurisdiction to handle the divorce given that the couple lived in the UAE.
The High Court of England issued a ruling upholding the jurisdiction of the Abu Dhabi Civil and Family Court in divorce cases, emphasizing that the initial court’s purpose was to provide assurances to non-Muslims and expatriates residing in the UAE that they would be commensurate with norms in non-Muslim countries way of processing.
The Abu Dhabi Civil Family Court was established under Law No. 14 of 2021 on Civil Marriage and Divorce in the Emirate of Abu Dhabi, which for the first time in the Middle East provides family law based on international best practice; and upholds the freedom of individuals and their marriage and the right to divorce, noting that the law allows unilateral divorce, gives couples an equal opportunity to divorce, and treats men and women equally with regard to civil inheritance and testimony.
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