Trusted legal counsel for family and personal status law.
Family law is extremely important in Dubai. It governs many aspects relating to custody, divorce, parental responsibilities and more. In the UAE, family law is primarily used to govern non-muslim families. Muslim families in Dubai are governed by personal status law.
Hamdan Al Shamsi Lawyers & Legal Consultants are experts in all aspects of personal status and family law. Our family lawyers have years of experience offering a comprehensive suite of legal services.
The aim of the personal status law is to allow more cohesion and promote fairer resolutions for families. Family law in the UAE utilizes Sharia law, but also focuses on individual rights and ensuring the best interests of children are met.
How our expert divorce lawyers in Dubai can help
Our expert legal team can provide trusted counsel on family and personal status law for Muslim and non-Muslim families in the UAE. We provide guidance on divorce, custody, rights and more. We can also support families living in free zones, such as the Dubai International Financial Centre (DIFC) and the Abu Dhabi Global Market (ADGM).
We understand the challenges that families often face. Our family lawyers in Dubai are equipped with the knowledge and expertise to ensure tailored legal solutions at all times. We will be on hand to deliver strategic advice regarding marriage contracts and agreements, as well as divorce representation and financial settlements.
We always ensure a client-centric approach, putting you first and ensuring that you get a favourable outcome.
We tailor our support for each client and can provide legal counsel for expatriates. We will ensure that you have all of the information you need to make informed decisions about your family’s future.
Our processes for private clients and succession planning in the UAE
Every situation is unique, and our team is sensitive to the circumstances of our clients. We recognise the difficulties that you may face and are here to help you navigate the complex legal landscape with ease.
Should family disputes arise, we can help with dispute resolution. Our team will represent you professionally in front of the Sharia and civil court systems, ensuring that accurate information is presented at all times. Our divorce lawyers in Dubai will ensure that every action taken is in the best interests of your children regarding marriage law.
We understand the importance of planning ahead when it comes to family law. Our family lawyers in Dubai can provide strategic legal advice regarding the drafting and registration of wills and succession plans.
Why choose our family lawyers in Dubai
- Expert legal advice regarding all family law and personal status law in the UAE
- Comprehensive knowledge of marriage law, custody and divorce
- Legal advice for Muslim and non-Muslim families
- Expert support on shore and in Free Zones
- Multilingual team of legal experts
Our services
- Legal advice on UAE personal status law (Muslim and non-Muslim)
- Drafting and registration of wills and succession plans
- Marriage contracts and marital agreements
- Child custody and guardianship advisory
- Divorce representation and financial settlements
- Inheritance disputes and probate administration
- DIFC/ADGM personal law guidance
- Legal support for expatriates navigating family law
- Alternative dispute resolution in family matters
- Representation in Sharia and civil court systems
- Attestation and witnessing
FAQs
Expats in Dubai can file for divorce through the UAE courts. Non-Muslims have the option to apply their home country’s law to their divorce proceedings under Federal Decree-Law No. 41 of 2022, or they can proceed under UAE civil law. The process involves filing a case, attempting reconciliation through the Family Guidance Committee, and if reconciliation fails, proceeding to court for a judgment on divorce, custody, and financial matters.
The UAE follows the same by emphasizing the rights of children and their need for strong protection. It was one of the first countries in the Middle East to sign the United Nations Convention on Child Protection and has addressed the rights of children in different existing laws ensuring that they are carried out effectively
UAE issued a new law, namely the Federal Law No. 3 of 2016 concerning the rights of children. The law contains around 75 articles setting out general and specific legal provisions protecting the rights of any child.
Under UAE law, divorce can be granted on various grounds including mutual consent, harm or discord between the spouses, failure to provide maintenance, absence of the spouse, imprisonment, or any reason that makes the continuation of the marriage impossible. For non-Muslims applying their home country’s law, the grounds for divorce will be those recognised under that law. No-fault divorce is also available in many cases
Child custody in Dubai is determined based on the best interests of the child. For Muslims, Sharia law principles traditionally apply, with mothers typically having custody of young children up to a certain age. For non-Muslims, Federal Decree-Law No. 41 of 2022 allows parents to apply their home country’s law, which may provide for joint custody arrangements. The court considers factors such as the child’s age, the parents’ circumstances, and the child’s own wishes if they are old enough.
Yes, non-Muslim expats can file for divorce in the DIFC Courts, which apply common law principles familiar to many Western expatriates. The DIFC Courts offer a more streamlined process and proceedings in English. To use the DIFC Courts, at least one spouse must have a connection to Dubai, such as residency or marriage in Dubai. This option is often preferred by expats seeking a process more similar to their home country’s system.
Property division in a divorce depends on the applicable law. Under UAE law for Muslims, each spouse generally retains their own property, and there is no automatic community property regime. For non-Muslims applying their home country’s law, the property division rules of that country will apply, which may include equitable distribution or community property principles. Assets acquired during the marriage and the financial contributions of each spouse are key considerations.
The Family Guidance Committee is a mandatory step in divorce proceedings in the UAE. Before a divorce case can proceed to court, the parties must attend sessions with the Committee, which attempts to reconcile the spouses and resolve disputes amicably. If reconciliation is not possible, the Committee issues a certificate allowing the case to proceed to court. The Committee can also help mediate issues related to custody and financial support.
Alimony or spousal maintenance in Dubai is determined by the court based on several factors, including the financial needs of the spouse seeking maintenance, the financial capacity of the other spouse, the standard of living during the marriage, and the duration of the marriage. Under UAE law, maintenance is typically awarded to the wife. For non-Muslims applying their home country’s law, the maintenance rules of that jurisdiction will apply.
Relocating with children after divorce, particularly to another country, requires court approval in the UAE. The court will consider whether the relocation is in the best interests of the child, the reasons for the move, the impact on the child’s relationship with the non-relocating parent, and the proposed arrangements for maintaining contact. Relocating without court permission can have serious legal consequences, including criminal charges for child abduction.
A prenuptial agreement is a contract entered into before marriage that sets out how assets and financial matters will be handled in the event of divorce. The enforceability of prenuptial agreements in the UAE depends on the applicable law. For non-Muslims applying their home country’s law, a prenuptial agreement valid under that law may be recognised. It is advisable to have any prenuptial agreement reviewed by a UAE family lawyer to understand its potential enforceability.
A family lawyer in Dubai can guide you through the complexities of family law matters, including divorce, child custody, alimony, and property division. They can advise on the applicable law, represent you in court and before the Family Guidance Committee, negotiate settlements, draft agreements, and protect your rights and interests. Given the interplay of different legal systems in the UAE, experienced legal representation is essential for achieving a fair outcome.
