Awatif Mohammad Shoqi Advocates & Legal Consultancy

Introduction The Federal Decree-Law No. 41 of 2024 represents a major step forward in modernizing the approach to alimony and family support in the UAE. Rather than treating maintenance as a rigid financial obligation, the new law adopts a more realistic and compassionate understanding of what family support truly entails. It defines alimony as “the necessities and essential needs such as food, clothing, shelter, medical care, and education," thereby placing everyday well-being at the center of the legal framework. The law is crucial because it makes the rules more flexible and structured, keeping in mind the practical realities of family life. Thus, providing stronger assistance for dependents and easier to enforce, which suggests that the UAE's personal status system is moving in a more progressive direction. Flexible Family Support The judge must take into account the financial capacity of the individual providing support, the beneficiary's specific requirements and condition, and the economic conditions of the time and place in order to ensure that the support is no less than what is required, as per Article 96. Article 96(3) clearly suggests that alimony can be replaced by allowing the use or benefit of property in kind. This enables the provision of a home or vehicle as an alternative to a portion of financial support. Throughout history, the primary emphasis was on evaluating cash quantities in accordance with the debtor's financial capacity. Under the previous regime, Article 63 stated that, while it included a dwelling as part of alimony, the focus remained heavily on assessing cash amounts based on the debtor’s financial capacity, the beneficiary's specific condition, and the economic conditions of the time and place. The new law makes it possible to use various kinds of property as a direct replacement for the entire alimony obligation. This modification gives the payer greater flexibility and gives the family immediate financial help. In practice, this reform provides a flexible alternative for those obligated to pay support. Strengthened Enforcement and Legal Priority To maintain families financially stable and make sure that dependents support without delay, the new law makes it easier to execute priority orders by placing alimony payments over other financial obligations. Article 98 designates continuous alimony, due from the date a claim is filed, and classifies it as a privileged debt that takes precedence over all other debts. Additionally, the clause offers depth by clarifying that wives, children and parents are considered dependents and are entitled to continuing alimony. It again clarifies that the ‘past alimony shall be considered as other debts,’ meaning it is considered as a standard debt and doesn't enjoy the same priority status as ongoing current alimony support. This means that if a debtor owes money to more than one person, the current monthly support (alimony) will come first. On the other hand, any unpaid alimony from previous years is not given the same priority and is instead treated as a regular civil debt. Article 3(2) of the Issuance Provisions of the Federal Decree Law No. 41 of 2024 says that the Cabinet, based on the proposal of the Minister of Justice after coordination with relevant entities, can designate either a government or private entity to pay alimony to the family first and then collect it from the debtor. This is a major shift as these organizations take on the "capacity of judgment creditors." Article 65 of the 2005 Law also states that continuing alimony is a privileged debt and is more important than other debts. But it didn't include the third-party administrative system that was added in the 2024 Decree. The enforcement earlier was a direct court process between the two parties, which often led to significant delays. Retrospective Expenses The new law updates the timelines for claiming past support and allows for retroactive adjustments in certain scenarios. The court may modify existing alimony orders when circumstances change (e.g., a significant increase in the cost of living or the father’s income), which is a general provision in both laws. According to the new law under Article 97(2)(a), the court can now order an increase in alimony with a retroactive effect of up to six (6) months from the date of the claim. However, a ruling to decrease alimony does not have a retroactive effect and is generally calculated from the date the judgment is issued, unless the court specifies otherwise. The old law lacks such time frame provision for retroactivity. Earlier, under the previous law, Article 64(3) says that any increase or decrease was strictly computed from the date the claim was introduced in court, with no further retroactive window. The regulations that govern retroactivity and back-dated expenses have been substantially improved. These modifications make it easier to adjust alimony by making certain "look-back" windows smaller than they were in the 2005 Law. Article 99(3) reduces the wife's claim for unpaid alimony from three years to two years. This encourages people to file disputes more quickly and preventing unmanageable debts for the payer. However, both the new law in Article 111 and the old law in Article 86 maintain a one-year limit for claiming past-due maintenance for children from their father. The UAE has provided protection for families that are going through unforeseen changes in their finances by enabling retroactive changes. Other Progressive Amendments Article 95 of the new law defines alimony as including necessities and essential needs, specifically naming "education" alongside food, clothing, shelter, and medical care, whereas the old law did not explicitly list "education" in its primary definition of maintenance. This can be seen as a progressive change giving importance to education. Another significant new protection for women involves a penalty for husbands who do not promptly register a divorce. A husband is now legally required to authenticate a divorce in court within 15 days, according to Article 58. If he fails to do so without an excuse, the wife is entitled to compensation equivalent to the alimony she would have received from the actual date of the divorce until the date it is officially authenticated. This ensures women are not left out from getting the financial help by a husband's administrative delay. The new law also brings simplified forfeiture rules under Article 103. The criteria for when a wife loses her right to alimony have been simplified to focus on specific, modern interactions. Alimony is forfeited only if she refuses intercourse, refuses to move to/stay in the marital home, or refuses to travel with her husband without a valid and justifiable reason, unlike the previous law, which included more complex scenarios for forfeiture under Article 71. Conclusion The 2025 reforms transform family maintenance from a possible source of dispute into a flexible safety arrangement by allowing in-kind property contributions to substitute for cash payments. By granting ongoing alimony priority status and empowering third-party entities to pay dependents immediately before recovering funds from debtors, the law ensures that a child's basic needs are never held bound by administrative or payment delays. These reforms, when combined with the implementation of retroactive increases for a maximum of six months, establish a financial framework that prioritizes the family unit's sustained stability and well-being ahead of all else. Collectively, these reforms indicate a deliberate transition toward the UAE's family law system, which is characterized by improved financial security, accountability, and equitable protection. Author: Awatif Al Khouri

Introduction The UAE's judicial approach to family matters has undergone a transformative shift with the enactment of Federal Decree Law No. 41 of 2024, which officially replaces the framework of Federal Law No. 28 of 2005. The new law brings effectiveness in the dispute resolution process while placing the child's best interests first. These changes reduce the time frame spent in the system, giving importance to family stability. Shortened Arbitration Period An arbitrator is appointed in the first instance when a marriage reaches a point of "discord",. Under both the old and new laws, the process is designed to prioritize family stability before a final divorce is granted. Arbitrators are appointed when a spouse files for divorce due to harm or prejudice, but the harm is not immediately proven to the court's satisfaction as per Article 72 of the law. The primary reasons for their appointment are to identify the root causes of the prejudice and discordance that make friendly companionship between the spouses impossible, and to make every effort to reconcile the spouses and save the marriage. If reconciliation is impossible, the arbitrators determine which party is at fault and recommend the financial terms of the separation. The new legal framework introduces a significant reduction in the time allotted for divorce arbitration. Article 72 of the new law says that the court is now required to set an arbitration period not exceeding 60 days from the date the arbitrators are appointed. This represents a substantial decrease from the standard set in the previous legislation, where Article 118 (2) permitted an arbitration assignment to last for up to 90 days. This reform is a central component of the initiative to create a streamlined family court in the UAE, aimed at preventing cases from languishing in the system and reducing the emotional burden on the family. A reasoned decision is submitted by arbitrators to the judge, which outlines their efforts and conclusion. Claims for Extended Custody The UAE has significantly expanded the legal window for parents to assert their custodial rights, doubling the amount of time parents have to make a claim to protect their interests. According to Article 115(1)(d) of the new law, a parent's right to custody is forfeited only if they fail to claim it for a period exceeding one year from the date they became aware of their right. A critical component of this modernization is the emphasis on judicial flexibility. The legislation right now says that this one-year forfeiture requirement can be disregarded if the child’s best interest requires a different outcome. However, under Article 152(3) of the old law, a parent might lose their right to custody if they remained silent and failed to claim it for 6 months without a valid excuse.  This shows that the changes introduced by the 2024 enactment make sure that parents are given adequate time so that they are not unfairly denied of their legal rights. Expedite Court Procedures The authority of Urgent Matters Court has been significantly increased by Federal Decree Law No. 41 of 2024 to guarantee that legal matters do not interfere with a child's daily life. Article 112(4) provides that any conflict concerning the child's best interests be brought before the summary magistrate, who issues a rapid decision via an "order on petition" while considering the guardian's financial capacity and respecting the mother’s educational guardianship. In addition, Article 112 (5) provides an important way to resolve disagreements about a child's education without the delays of a regular trial. While the custodial mother is designated as the educational guardian by default under Article 112 (3), this is not an absolute right. Article 112 (5) serves as the "corrective" mechanism to this. It allows the father or another legal guardian to petition for a transfer of educational guardianship if they can prove that the child's interests require such a change. These provisions collectively aim to protect the child's interest at the same time does not interfere with a child's education or immediate welfare requirements. Discretionary Family Guidance Going from a mandatory to a discretionary approach for family guidance in the UAE has made it much easier to proceed to court. Article 16 (1) of the 2005 Law says that a personal status case can't be brought to court until it has been sent to the Family Orientation Committee first. While there were narrow exceptions, such as wills, inheritance, and urgent summary alimony, custody or guardianship cases, most standard divorce and dispute cases were legally blocked from reaching a judge until mediation had been attempted. In order to reduce administrative delays, the 2024 Law shifts this requirement into a discretionary tool for the court. Under Article 8 (1) of the new law, the supervising judge now "may" issue a decision to refer parties to the Family Guidance and Reconciliation Centre only "if deemed beneficial". Judges can now expedite cases directly to trial if it is clear that reconciliation is impossible, avoiding the previous "wait time" required by the mandatory committee phase. The new law explicitly exempts urgent orders regarding alimony, custody, and guardianship that cannot be reconciled from referral to the Family Mediation and Guidance Centre. This ensures that immediate protections for children and financial support are not delayed by a mediation process. Conclusion The UAE family court has been effectively transformed into a responsive system as a result of the 2025 reforms. By accelerating the divorce arbitration period to 60 days, doubling the custody claim deadline to one year, and moving to a discretionary family guidance model, the law effectively removes traditional administrative hurdles. Ultimately, by empowering the Magistrate of summary justice to break deadlocks via "orders on petition" for urgent welfare needs, the new law ensures that the judicial process acts as a swift protector of the child’s stability rather than a source of prolonged litigation. Author: Awatif Al Khouri

Introduction One of the first things fathers say in a divorce consultation is not about assets or maintenance. It’s this: “Am I going to lose my children?” There is a persistent belief in Dubai that once a marriage ends, the mother automatically gets custody, and the father becomes a weekend visitor. That assumption causes unnecessary panic, and in many cases, it is simply wrong. The law in the UAE does not remove fathers from their children’s lives by default. What it does do is prioritise the child’s welfare above everything else. Once you understand how the system actually works, the position becomes far clearer and far less alarming. The starting point depends on the family In Dubai, custody is governed by federal legislation. For Muslim families, Federal Decree Law No. 41 of 2024, the Personal Status Law, applies. For non-Muslim families, Federal Decree-Law No. 41 of 2022 introduced a civil framework that significantly changed how custody is approached. That 2022 law is particularly important for expat fathers. It introduced a presumption of joint custody. In simple terms, the court begins with the idea that both parents should continue sharing responsibility after divorce unless there is a clear reason not to. That is a major shift from older assumptions. For Muslim families, physical custody and guardianship are usually misunderstood. Custody Does Not Equal Losing Control: What Fathers Need to Know The father often assumes that there is a total loss of control when the custody is given to the mother, but there is not. However, in physical custody, the child lives with the mother on a day-to-day basis, and in guardianship, in many Muslim cases, the father remains the legal guardian even if the child resides primarily with the mother. Guardianship commonly includes decisions about schooling, travel, passports, financial matters, and broader legal representation. That authority is not symbolic. It carries real legal weight. So while a child may spend more overnight time with one parent, major decisions often still require the father’s involvement or consent. Understanding this distinction is central to understanding fathers' rights in child custody in Dubai. How Dubai Courts Approach Custody Decisions Courts favor stability, continuity, and the arrangement that protects the child’s emotional and educational well-being. Historically, younger children have often lived with their mothers, particularly in Muslim families. But that is not an automatic or irreversible rule; it depends on situations in certain cases. In non-Muslim cases under civil law, shared parenting is the default position. The court expects both parents to remain actively involved unless evidence shows that such an arrangement would harm the child. If a father can demonstrate that living primarily with him better serves the child’s interests because of schooling, stability, safety concerns, or relocation risks, the court can and does award custody accordingly. Gender alone is not decisive. In such scenarios, preparation of the case is important. For that reason, many fathers seek early guidance from a top family law firm in Dubai or consult the best family lawyer in the UAE to ensure their case is presented clearly, calmly, and with a consistent focus on the child’s welfare. Relocation Outside the UAE: Guardian Consent and Court Approval In a city like Dubai, where many families are expatriates, international relocation is one of the most contested issues. If the father is the legal guardian, the child typically cannot be relocated outside the UAE without his consent or a court order. That gives fathers significant legal standing in relocation disputes. Judges look closely at whether a move would disrupt schooling, extended family relationships, or regular contact with the other parent. If one parent wishes to move, relocation may not be approved unless the reason is in the best interests of the child. These cases are fact-heavy and require careful preparation. Impact of Remarriage on Father’s Rights For Child Custody In Dubai In Muslim custody cases in Dubai, remarriage can be a factor the court considers, but it is not a mechanical trigger. The court will examine whether the new circumstances genuinely affect the child’s welfare. Again, the child’s interests remain the center of the analysis. How Judges Evaluate Fathers’ Child Custody Rights in Dubai In practice, Dubai courts look at patterns, not isolated arguments. Who has been actively involved in schooling? Who attends medical appointments? Where is the child most emotionally settled? Is either parent behaving in a way that creates instability? Documentation carries weight. Emotional accusations do not. Older children may be heard, depending on maturity, but their preference is only one factor among many. As Mrs. Awatif often advises clients, custody cases are not won through dramatic arguments but through steady evidence and a child-focused presentation. Fathers seeking clarity on how courts assess these matters frequently consult a top law firm in Dubai or work with the best family lawyer in the UAE to ensure their position reflects what judges are actually looking for. Immigration and sponsorship Even where a father does not receive primary physical custody, access rights are enforceable court orders. It is not optional, depending on goodwill. For non-compliance with the court orders, courts intervene and impose penalties for non-compliance. Travel permissions, visa status, and sponsorship rights may be affected by the custody arrangement. Such issues should be addressed specifically in expat families, since they can later become an issue. Conclusion Consistency and involvement are the major focus when going through a divorce. Maintain records of your engagement in your child’s life. Avoid hostile communications. Demonstrate stability. Seeking early advice from a top family lawyer in Dubai who understands how local courts approach fathers’ rights in child custody cases is very crucial. Mrs. Awatif Al Khouri from Awatif Mohammed Shoqi Advocates and Legal Consultancy has shown unwavering dedication in protecting the fathers’ child custody rights in several divorce cases. To note, strategy and timings matter equally. Many custody outcomes are shaped long before a final judgment is issued. According to UAE law, in Muslim cases in Dubai, the father retains the right of guardianship, and in non-Muslim cases, joint custody is presumed. Divorce changes the structure of a family. It does not remove a father’s legal status or importance. In Dubai, the courts understand that the benefit of children is built with meaningful relationships of both parents. Author: Awatif Al Khouri

Introduction You do not search for a criminal defense lawyer in the UAE unless something has already gone wrong. Usually it starts unexpectedly: a phone call from the police, a complaint filed against you, or a request to attend a station “for questioning.” The immediate reaction is often to type "criminal lawyer near me" in the browser. In that moment, what matters most is not panic; it is timing. Federal Decree-Law No. 31 of 2021 on the Issuance of the Crimes and Penalties Law and Federal Decree-Law No. 38 of 2022 on the Issuance of the Criminal Procedure Law govern the criminal justice system. It is structured, document-driven, and procedural. Once statements are recorded and files are created, they become part of the official record. That is why early decisions carry weight. Understanding how the process works can help you avoid preventable mistakes. How Criminal Cases Work in the UAE While no two cases are identical, criminal proceedings generally move through three main stages. Police Complaint and Investigation Everything usually begins at the police station. A complaint is filed. Statements are taken. Evidence is reviewed. The police may question both parties separately. In some cases, detention follows. This stage often feels informal, but legally it is not. What you say is documented. Even differences in wording can later be interpreted in unintended ways. Many people assume they can clarify everything themselves. Sometimes they can. Sometimes they unintentionally complicate matters. It is important to involve a criminal lawyer before the file progresses. Public Prosecution Referral The matter is transferred to the public prosecutor if the police believe there is a case to answer. The prosecution decides what happens next upon reviewing the file. Further investigation may be initiated. It may involve bail and may also result in formal charges and referral to the criminal court. This is where legal experience usually shows up. A well-prepared submission made at the right moment can change how the prosecutor sees the case. A competent criminal defense lawyer knows how to resolve issues such as conflicting evidence, legal flaws, and other circumstances before they get worse. At this point, strategy is the most crucial element. Proceedings of the Criminal Court Hearings are scheduled once the matter is put forth before the court. Depending on the complexity and evidence, some matters conclude quickly, and others take longer. Penalties such as fines or imprisonment; for expats, it can lead to deportations. Appeals are possible, but they are not a replacement for strong early preparation. Why It's Important to Hire a Skilled Criminal Defense Attorney The UAE is governed by civil law. Common law nations have different procedures and standards for evidence. Assumptions about foreign legal systems may be misleading. Having practical expertise in UAE courtrooms should be a primary consideration while searching for a criminal defense attorney. Protection of Procedural Position Procedural compliance is important from the initial police encounter to judicial proceedings. A criminal defense lawyer keeps an eye on the collection of evidence, the management of custody, and the observance of legal obligations. Evaluating the Strength of the Case Inconsistencies in testimony, technical procedural errors, or a lack of supporting evidence may be revealed after a careful legal review. An accusation alone does not decide the outcome. Defense is often methodical. Knowledge about the UAE Criminal Courts Theoretical understanding and actual courtroom practice are very different from each other. In criminal proceedings, familiarity with court dynamics is not a minor detail. It can influence outcomes Awatif Mohammed Shoqi Advocates & Legal Consultancy, with extensive expertise in litigation, has successfully handled numerous criminal cases in the UAE. Mrs. Awatif Al Khouri and the firm exemplify the importance of a well-structured strategy and confidence in one's assertions during challenging times. What To Do If You Are Accused of a Crime in the UAE If you are facing detention or under police investigation, these steps will help you navigate: Maintain your composure If you find yourself in disagreement with the allegations, it is advisable to maintain a demeanor of respect and politeness, as adopting an aggressive or emotional stance is unlikely to result in a favorable outcome. Reach out to a criminal defense lawyer. To explore avenues for securing bail and other alternatives, it is crucial to consult with a criminal defense lawyer at the earliest opportunity. Read before you sign. Arabic documents should not be signed unless you know the language and you understand what the contents mean. Get help to read the document. Keep Relevant Records Messages, contracts, payment records, or timelines may later become important. Inform Your Embassy if Necessary For expatriates, embassy notification can assist in certain serious matters. Delays reduce flexibility, and early action expands it. What to Look for in a Criminal Lawyer in the UAE When choosing a criminal defense lawyer, focus on genuine experience and practical ability, not just titles or marketing claims. The right lawyer should give you confidence, clarity, and steady guidance from the very beginning. Experience with Criminal Cases An experienced lawyer knows how the system functions in practice and foresees potential challenges to protect your rights. He will be able to navigate and give practical advice according to the case. Courtroom Confidence Arguments presented by a criminal defense lawyer before a judge impact the conclusion of the case. Knowledge of UAE criminal and procedural law Since the UAE Penal Code and Criminal Procedure Law go hand in hand, it is important that the criminal defense lawyer be thorough with the laws. Direct Communication You should receive realistic advice — not exaggerated promises. Strategic Guidance For an effective defense, it’s essential to be efficient with time, collect appropriate evidence, and implement the correct procedural strategy. Local Representation Representation must be promptly available in matters of emergency. A criminal defense lawyer near you can help you respond quickly by physically visiting the police station in times of need. Final Thoughts: Do Not Delay Legal Advice Criminal allegations in the UAE can affect far more than a court file. They may impact your employment, residency status, travel, and long-term reputation. If you are searching for a criminal defense lawyer in the UAE or typing “criminal lawyer near me” because you need urgent legal assistance, treat that decision carefully. The lawyer you appoint at this stage can directly influence how your case is handled from the outset. An experienced criminal lawyer near you should be able to respond immediately, attend police stations without delay, represent you before public prosecution, and build a structured defense strategy grounded in the UAE Penal Code and Criminal Procedure Law. Early legal advice protects your position before matters escalate. Strong leadership and courtroom authority are equally important. Mrs. Awatif Al Khouri's clients appreciate her dedication to every criminal case she handles. With her extensive experience and knowledge of UAE criminal law, she offers valuable guidance on complex issues. She achieves this by focusing on safeguarding their rights and securing the best possible outcome. Author: Awatif Al Khouri

A Lawyer's Guide to What to Do After an Arrest in Dubai Getting arrested in Dubai can be scary, especially for expats who don't know the laws in the UAE. The legal process can be scary and confusing, from being questioned by the police to being held. Knowing what to do after being arrested can help you protect your rights, avoid misunderstandings, and get the best possible result. Some quick facts about arrests in Dubai Article 48 of the Federal Decree Law 38/2022 promulgating the Criminal Procedures Law deals with the rights of the accused after arrest. The Dubai Police handle both minor and major offenses. For some crimes, the law can send people to jail, punish them, or deport them back to their home country. It's really important for foreigners to know how the system works and what their rights are. Step 1: Stay calm and work together. Don't panic or fight back when you're arrested. If you resist physically, you could face more charges. Pay attention and don't argue with the officers. When you're in a storm, staying calm helps you get through it safely. Step 2: Use your right to have a lawyer represent you Before you make any statements, you have the right to talk to a criminal lawyer. A lawyer makes sure that your rights are protected and can stop you from making false or coerced confessions. Step 3: Don't say anything that might get you in trouble. Don't talk to other people about the case, post about it on social media, or try to explain yourself to people you don't know. Things you say in passing can even be used against you. It's like telling the other team your game plan in real life. Anything you say can be used in court. Step 4: Write down everything As soon as you possibly can, write in the time, location, and names of the officers, as well as what took place. Make sure to keep copies of any paperwork, invoices, or IDs that are related to your case. Your lawyer can make your case stronger by keeping evidence safe. Step 5: How to leave jail or stay there The police in the United Arab Emirates could give bail or sentence someone to prison, depending on the crime. A lawyer talks to you about the terms of your bail, helps you post bond if you need to, and makes sure that the terms of your release are fair. Tip: Having a lawyer there early on makes it more likely that the bail terms will be fair. Step 6: Look into things and ask questions If the police keep asking you the same questions, always have your lawyer with you. They will tell you what to say and do, as well as how to act like a professional. Lawyers additionally make sure that your statements are put in correctly along with, if required, translated. Step 7: Preparing to safeguard yourself To collect evidence, attorneys review documents, interview witnesses, and engage in various other activities. Inquiries may arise regarding unlawful searches, errors that occurred, or discrepancies between police reports. Step 8: Get a lawyer to help you in court. When you go to court, a hearing, or try to make a deal, your lawyer is there for you. They fight for you, ask questions, and bring up things that could help your case. Depending on the situation, a good lawyer can help you get probation, lower your penalties, or keep you from going to jail. Step 9: Get help after the trial If someone is found guilty, lawyers can help with appeals, getting a shorter sentence, or rehab programs. Expats might need to return to their country of origin or encounter difficulties with mobility. Lawyers assist in reducing the likelihood of these risks occurring Driving under the influence (DUI) and other drug- or alcohol-related traffic offenses are common problems for expats in Dubai. Disagreements at work that lead to criminal charges, such as fraud or breach of trust Accusations of cybercrime, like posts or messages on the web Drug-related arrests, where even having drugs by accident can have serious effects Helpful Tips for Expats Always be calm and polite. Ask for a lawyer right away Don't talk about your case in public or online. Write down everything that happens in detail. Keep any proof of the event safe. Listen carefully to what your lawyer says. Conclusion Being arrested in Dubai is a significant issue, especially for expatriates who may not be well-versed in the legal system of the United Arab Emirates. he outcome of your case can be significantly impacted by taking prompt action, being composed, and getting the right legal assistance. Initial advice from a seasoned criminal attorney is essential for safeguarding your rights, facilitating communication with law enforcement, and effectively navigating court processes. By implementing appropriate support and a strategic approach, it is possible to mitigate legal risks, enhance your reputation, and secure your future more effectively. Author: Awatif Al Khouri  

Introduction When a criminal complaint surfaces, most people react the same way—they start searching for the best criminal law firm in the UAE. It’s an emotional moment. There’s uncertainty, pressure, and often very little clarity about what happens next. But the idea that there is one single “best” firm across the country isn’t realistic. Some firms are known for handling serious financial investigations. Others spend most of their time in court defending assault or drug cases. Some are particularly experienced in guiding expats who feel lost in the system. The right criminal law firm that Dubai residents choose often depends less on reputation and more on relevance. In other words, the best firm is the one that fits your situation. Understanding Criminal Law in the UAE Criminal matters in the UAE are mainly governed by Federal Decree-Law No. 31 of 2021 and Federal Decree-Law No. 38/2022. Offences fall into three broad categories: Infractions (Article 31)—In infractions, the penalty may involve detention for a period of not less than 24 hours and not more than 10 days carried out in designated facilities or a fine not exceeding AED 10,000. Misdemeanors (Article 30)—A misdemeanor crime includes a penalty of a jail sentence, a fine exceeding AED 10,000, or the payment of blood money (diya), depending on the nature and consequences of the offense. Felonies (Article 29)—Depending on the seriousness of the offense, penalties under UAE law can include retaliation (Qisas) punishment, the death penalty, life imprisonment, or temporary imprisonment for a fixed term. Most cases begin at the police station. After the investigation, the file goes to the Public Prosecution. If the case moves forward, it will reach the criminal court. For expats, the situation can feel heavier. A case doesn’t just mean court dates; it can also affect employment and residency. That’s why many people look carefully for the best criminal law firms that UAE residents already have confidence in. What Actually Makes a Criminal Law Firm Stand Out? Marketing language can be impressive, but it rarely tells you what you really need to know. Instead, look at practical points: Does the lawyer regularly handle criminal cases? Have they worked on matters similar to yours? Are they realistic when discussing possible outcomes? Is the fee structure transparent from the start? Do they respond promptly when something urgent happens? The best criminal law firm that UAE clients often end up choosing is usually not the one making the strongest claims. It’s the one that feels steady, prepared, and transparent. Comparative Breakdown: Choosing Based on Your Situation Different types of allegations call for different kinds of experience. Here’s how that tends to play out. Scenario 1: Business-Related Criminal Allegations Example: Breach of trust, cheque disputes, fraud complaints. Best Fit: A firm that has experience in handling both paperwork and the criminal procedure of the court. It is important to look over the agreements, deals, and other private communications. Scenario 2: Assault or Public Order Offences Example: Physical dispute, alcohol-related incident, verbal insult complaint. Best Fit: A firm that spends a lot of time in criminal court. These cases often move quickly. With early advice, the case can be influenced in the correct direction. Handling witness statements and presenting arguments can be easier when handled by experienced criminal law firms. Scenario 3: Charges Associated with Drugs Even possession of small amounts of drugs can constitute a drug offense in the UAE. Best Fit: Experienced criminal defence law firms in Dubai that handle serious cases as part of their core work. Scenario 4: First-Time Minor Offence (Expat) Example: Small dispute, unintentional violation. Best Fit: Experienced firm that practices transparent communication and prioritizes a practical approach. In these cases, the best criminal law firm in the UAE can be the one that delivers clear answers and doesn't make things worse. Awatif Mohammed Shoqi Advocates and Legal Consultancy is a full-service firm that manages such cases, handling business-related criminal matters, court-based offenses, drug charges, and first-time expat cases with practical guidance and clear legal support throughout the process. Things to Watch Out for in a Criminal Defense Firm Exercise caution if You are assured of a certain outcome. From the start, fees are unclear. The lawyer representing you is someone you never met. Difficult questions are brushed aside. Criminal defence requires trust. Honest advice, even when it’s not what you want to hear, is usually a better sign than bold assurances. Questions You Should Always Ask Before deciding on a criminal law firm, Dubai residents may suggest considering asking the following: Have you handled cases like mine? Will you personally represent me in court? What are the realistic risks? Could this affect my visa or travel status? What will the total cost likely be? The answers and the tone in which they’re given often tell you everything you need to know. So, Which Law Firm Is Truly the Best? There isn’t one single firm that qualifies as the best criminal law firm in the UAE in every situation. The right choice depends on: How serious the allegation is Whether business or financial issues are involved Immigration concern Budget Your level of comfort with the lawyer A firm that excels in complex financial crime may not be the ideal choice for a minor public dispute. What matters most is alignment between the case and the firm’s real experience. Conclusion It can be stressful to deal with criminal cases. Particularly for foreigners, the procedure may seem strange and daunting. The best criminal defense attorneys that UAE citizens can rely on will carefully advise you, clearly state your case, and take prompt action when needed. Rather than focusing only on who claims to be the best, focus on who understands your situation and gives you straightforward advice. That approach usually leads to choosing the right criminal law firm in Dubai or anywhere else in the UAE for your specific needs. Author: Awatif Al Khouri

What to Do If You’re Accused of Fraud in the UAE Imagine you’re walking into a busy souk (market), and someone sells you a “genuine” designer bag at half‑the‑price; only later do you discover it’s fake. In the UAE, fraud can look like that: false promises, forged documents, or deceptive schemes. If you’re an expat and find yourself a victim or even accused of fraud, a criminal lawyer becomes your roadmap out of a maze. This article explains clearly how a lawyer can help when fraud strikes: what the law says, what your rights are, and concrete steps you can take to protect yourself. What counts as “fraud” in the UAE: Legal Basics Under Federal Decree‑Law No. 31 of 2021, fraud includes obtaining money, movable or immovable property, or documents by deception—e.g., false name, false identity, or misrepresentation. Deception necessitates that the victim relinquish property or rights; lying alone may not suffice; however, misrepresentation combined with profit frequently results in fraud. In UAE law, fraud requires "fraudulent means" (material acts or external appearances) that convince a victim to surrender property. For “electronic fraud” (online scams, fake banking apps, phishing, identity theft), there is a separate statute: Federal Decree‑Law No. 34 of 2021 on cybercrimes with heavy penalties for online deception. In the UAE, penalties for fraud are stringent, leading to significant consequences. Judges do not evaluate the charge in isolation while rendering a decision. They consider the overall situation, including how much money was involved, the way the offense occurred, and whether there were aggravating aspects such as fraud involving government entities, the use of fake or altered documents, or activity carried out online or through digital systems. The Role of a Criminal Lawyer in Your Case Evaluate whether the act qualifies as “fraud” under UAE law Fraud is a technical crime. A good lawyer assesses whether all legal elements (deception, false identity or misrepresentation, victim’s consent under that deception, actual loss) are present or whether the case can be challenged as a mere misunderstanding or civil dispute instead of criminal fraud. Help victims file criminal complaints and collect evidence If you’re a victim (scam, fraud, cyber‑fraud, bad cheque, real‑estate scam, identity theft), a lawyer helps you prepare a complaint, gather documents and evidence (chat logs, emails, contracts, screenshots), and submit to authorities properly. This increases chances of a thorough investigation and recovery. If someone accuses you, hire a lawyer to help you. Not everyone who is accused of fraud is doing something wrong on purpose. They can also happen when people don't understand each other or when business deals go wrong. It's essential to have a lawyer in these types of situations. A lawyer ensures that your rights are safeguarded during an investigation by the police or when you appear in court. Their assistance can significantly reduce the likelihood of being convicted, fined, or deported.   At the exact same time as charges are pending, you can work off settlements, get back stolen property, or file civil claims. In many fraud cases, civil claims for damages or restitution can happen at the same time as or after criminal cases. A lawyer can assist you in recovering lost funds, assets, or other forms of compensation via appropriate legal avenues. An attorney can assist you in recovering lost funds, assets, or other forms of compensation via appropriate legal avenues.   Obtain protective orders and freeze assets. A UAE lawyer can secure your claim by promptly obtaining precautionary measures in cases of significant fraud or forgery. To prevent the suspect from fleeing, a travel restriction is implemented, and a precautionary attachment is implemented to immediately freeze their bank accounts, property, and vehicles. Typically, these decrees are issued "ex parte" (without the suspect's knowledge) to prevent the concealment of assets prior to a final judgment. When Expats Really Need A Criminal Lawyer Fake "get-rich-quick" schemes or online investment frauds are prevalent among expatriates: Several expatriates are targeted by fraudulent platforms or social media that advertise high returns. These actions can be readily classified as cyber fraud under UAE law. Scams that involve real estate or rentals include the use of forged title deeds, phony agents, and fake bank guarantees. Under false pretenses, individuals who are victims provide funds for down payments or deposits. All scams that involve jobs or business transactions, including fake job offers, fake recruitment agencies, contract fraud, and stealing company money, are scams. Bank fraud, check scams, and identity theft—fake cheques, fake banking apps, and transfers that aren't allowed. Cyber and financial fraud are both very serious crimes. Cross-border fraud or international scams happen when expats live in another country and are involved through offshore companies or deals made in other countries. Cross-jurisdiction law is complicated, and a lawyer helps make sure everything goes smoothly. Without a lawyer, handling legal issues abroad is risky and confusing; with one, you have a knowledgeable guide who ensures safer, faster outcomes, saving time, money, and stress. If you think you might be a victim of fraud, here are some useful tips for expats. Don't talk to the person you think is a fraudster. Don't sign anything else or send any more money. Keep all proof, like chats, emails, bank statements, contracts, and documents, in both digital and physical form. If a significant amount of money is involved, or if the case includes forged documents or identity theft, you should contact a criminal lawyer immediately. Tell the police or other authorities about the fraud. Many emirates in the UAE have official websites for reporting cyber fraud. Don't fall for "pay-to-recover" scams, which are when someone asks for money up front to get your lost money back. Real lawyers or government officials won't ask for a lot of money up front. Stay calm and tell your lawyer everything if you are accused. Maintaining an open and honest relationship with your legal team enables them to better protect you. Behaving in a manner that is characterized by fear or concealing information, on the other hand, can have a huge impact on the outcome of your argument. Conclusion According to the law of the UAE, fraud crimes that take place in the banking, real estate, commercial, or online sectors are regarded as particularly serious. Expatriates may face severe consequences, such as the potential for deportation, imprisonment, substantial penalties, reputational damage, or property forfeiture. If you suspect that an individual has engaged in fraudulent activities or if you have been the subject of an investigation, it is essential that you act promptly. Acquire evidence, retain an experienced criminal attorney, and navigate the UAE's legal system with the appropriate assistance. Author: Awatif Al Khouri

Introduction Extradition, a fundamental aspect of international legal cooperation, plays an important role in bringing criminals to justice and maintaining the rule of law. The Extradition Law and proceedings in the UAE, as outlined in Federal Law No. 39/2006 and amended by Federal Decree-Law No. 38/2023, establish a comprehensive framework for managing extradition petitions and processes. A detailed summary is provided below Procedures for Extradition Requests and Attachments (Article 33): The provisions of Article 33 were replaced by virtue of  Article 1 of the Federal Decree Law No. 38/2023 The Public Prosecutor, or an authorized representative, is empowered to approach the Central Authority in the foreign jurisdiction to initiate extradition proceedings for individuals who have been sentenced to a minimum of six months or who are facing charges for offenses that carry a penalty of one year or greater. The request for extradition should be submitted in written form, containing the date, signatures, and official seals. It must also include complete identification of the individual, a detailed account of the facts, classification of the offense, pertinent legal provisions, and the basis for the extradition. All documents are required to be transmitted through the Central Authority utilizing diplomatic channels and must be translated into the language of the foreign authority or another language that is accepted, unless otherwise stipulated by a treaty. Arresting the Extraditee in Case of Urgency (Article 34): The provisions of Article 34 were replaced by virtue of  Article 1 of the Federal Decree Law No. 38/2023 In an emergency, the public prosecutor or someone they have authorized may tell the right authorities in the requesting State about an arrest warrant that was issued according to the law. This is done to make sure that the individual who is wanted is arrested and held temporarily. The arrest warrant must be communicated through the Ministry of Interior’s communication department. The Public Prosecution must next complete the relevant extradition paperwork and send it to the requesting State via the Central Authority's diplomatic channels. Legal Classification of the Crime (Article 36-37): If the legal classification of the offence is changed during proceedings, the extradited person may not be accused, tried, or subjected to any procedure affecting their freedom unless the new classification is based on the same facts for which extradition was granted and carries the same penalty or a more severe one With the exception of border offenses, the State may offer a commitment to the Requested State, in line with relevant provisions of the conventions, to refrain from imposing the death penalty on the individual being extradited. In cases of retaliatory offenses, such an action may only be permitted if the victim's rightful heirs give away their Shari’a right. The issuance of the undertaking is to be carried out by the minister, followed by the requisite procedures to modify the penalty. Management of the Surrender and Extradition of Items (Articles 38-42): The Public Prosecutor or their delegate has the authority to transfer items related to a crime to the Requesting State, regardless of whether these items are in the possession of the individual facing extradition or were found subsequently, provided that such transfer does not contravene local legislation. The surrender of items may be deferred if they are required for local judicial or administrative functions. With official oversight, items can be sent overseas upon the request of a foreign entity, as long as all necessary requirements are met and there is no risk to state security, public order, or ethical standards. The tribunal assesses the arguments presented by both the Public Prosecution and the complainant before making a decision. Interested parties are allowed to challenge the surrender within a period of 15 days. Request of Judicial Assistance from Foreign Judicial Authorities to the State (Article 43-58) The State may provide judicial assistance in criminal cases if the offense falls under its jurisdiction and the help is necessary for foreign proceedings. Assistance can include locating individuals, hearing witnesses, presenting detainees, notifying documents, seizing property, providing evidence, sharing records, and freezing funds. All requests are to be formally submitted in writing through the Central Authority by way of diplomatic channels. Submissions should include all the case details, relevant documents, and Arabic translations. Witnesses, experts, or imprisoned persons may provide testimony or expertise under safeguards, including immunity from prosecution. If the sovereignty, security, public order, local procedures, or personal safety are at risk, the transfers or testimonies may be denied. Also, if requests are based on politics, are discriminatory, are against the law, or are not allowed by law, they too can be denied. The Requesting State bears expenses, fees, and remuneration, with advance payment possible. Assets, documents, or proceeds related to the case may be returned or shared according to rules set by the Minister and relevant authorities, with a committee handling revenue-sharing requests. Request of Judicial Assistance from The State Authorities to the Foreign Judicial Authorities (Article 59-63) The judicial authority has the ability to contact the Central Authority for assistance. The Central Authority will initially verify that the request meets the formal criteria before transmitting it to the foreign authority through diplomatic channels. The appropriate date, signature, and seal should be included in the documentation of all requests. In addition, they must include the required translations, as well as exhaustive information about the case, the parties involved, the incidents, the relevant provisions, the procedures, the witnesses, the supporting documents, the additional evidence, and any deadlines for execution. Actions taken under judicial assistance are significant when they are executed in accordance with the regulations established by the foreign authority, unless the domestic authority mandates a specific format, and they have the same impact as if they were conducted within the domestic jurisdiction. A witness, expert, or defendant cannot be prosecuted, detained, or have their freedom restricted for prior criminal acts or convictions before leaving the Requesting State if the assistance involves summoning them. This immunity is valid for 30 days after they are notified that their presence is no longer necessary, excluding periods when departure was impeded for reasons beyond their control. Transfer of Convicts to a Foreign State (Articles 64-71): The Public Prosecutor has the authority to authorize a transfer request under specific conditions: the offense must be punishable in the enforcing state, the conviction must be final, the individual must be a citizen of the enforcing state, consent must be obtained (either directly or through a legal representative), the remaining sentence must be a minimum of six months, and the enforcing state must assume the costs associated with the transfer. Requests should be denied in instances where they interfere with the sovereignty, security, or public order; involve military offenses; diverge in penal codes; permit special amnesty; or pertain to financial obligations or minimal or maximum sentences that apply. Requests must be written in Arabic (or translated) and include personal details, nationality documents, domicile, prison location, certified conviction, remaining sentence, consent, and a commitment against special amnesty. The Public Prosecution guarantees that consent is obtained freely and with full awareness. The State, through the Central Authority, is required to notify the enforcing State of any conditions or processes that may affect the implementation of penalties. Also, it is the responsibility of the State to cover transfer expenses and guardianship responsibilities. Transfer of Convicted from a Foreign State (Articles 72-78): The State may request a foreign State to transfer a national serving a sentence there. Convict’s personal information, proof of nationality, details of imprisonment, and translations of all documents into the language of the convicting State or another officially ratified recognized language must be included in the written request. Sentences are implemented in accordance with state legislation, with time served abroad deducted, and transferred offenders are imprisoned on the Public Prosecutor's decision. The State is responsible for enforcement; however, it must notify the convicted State and give updates upon request. The transferred convict cannot be retried or subjected to legal proceedings for the same incidents that were the subject of the original judgment. Medical release must be reported to the convicting State. While the general amnesty is applied automatically, the approval of the convicting State is required for special amnesty or conditional release. The acknowledgment of amnesty provided by the convicting State is also recognized. Conclusion The UAE's extradition and transfer of convicts legislation is a robust legal framework that enables the country to cooperate with other nations in criminal matters. It sets out the duties, protocols and compliance mandates; it also harmonizes international relationships with local safeguards They ensure that requests, judicial assistance, and transfers are managed appropriately, with all required documentation, consent, and protective measures established. Subsequently, the regulations protect personal liberty, sovereignty of the nation, and the public order. Through these provisions, the UAE confirms its commitment to upholding the rule of law and promoting justice both domestically and internationally.   Author: Awatif Al Khouri

When do you need an inheritance lawyer in the UAE? Think of passing an estate to your family like handing over a safe deposit box full of valuables: if the key (a valid will) is clear and everyone knows the code, the handover is calm. If you lose the key, the box stays locked. Family members fight, banks freeze assets, and courts decide the code for you. This guide tells married couples living in the UAE in simple terms when they need an inheritance lawyer, what the law allows, examples from real life that you can use in family conversation, and easy ways to keep your spouse and kids safe. Why is a lawyer important in the UAE? The UAE made a modern civil personal-status system that makes it easier for non-Muslims to make wills and plan for their estates. There are special registries for wills in the UAE. They may make a will with the DIFC, Abu Dhabi Civil Family Courts (ADCFC). The applicable laws would be Federal Decree-Law No. 41 of 2022 on Civil Personal Status and Abu Dhabi Law No. 14 of 2021 on Civil Marriage and its Effects in Abu Dhabi. When you need to hire an inheritance lawyer You don't have a will, or your will is old. If a spouse dies without a valid will, the law says how the estate should be divided, which may not be what your family wants. A lawyer who specializes in inheritance writes a clear, legally binding will and tells you where to register it in the UAE. This is the most common reason families need legal help. You or your spouse are living abroad and own property in more than one country. Managing cross-border estates is like managing bank accounts in different currencies: each country has its own rules. Lawyers work with lawyers from other countries to figure out which laws apply and help register or change wills so they are valid in all jurisdictions. You own property, a business, or complicated assets like stocks, insurance, or digital assets. Buying real estate or company shares requires certain papers and sometimes even corporate resolutions. A lawyer keeps the estate from being frozen, figures out who gets what, and helps with the transfer of ownership. Family members don't agree or someone contests the will If heirs disagree with a will, think it was forged, or say that someone had too much power over it, an inheritance lawyer who can go to court can get emergency court orders, protect assets and evidence, and try to reach settlements when possible. You have dependents with special needs or minor children A lawyer can write up provisions (and suggest trust-style mechanisms or court orders) to make sure that children and dependent spouses are taken care of without having to go to court for custody, guardianship, or long-term funds. Use real-life examples to explain this to your spouse. Without a will, there is no roadmap, leaving your family to navigate uncertainty, waste time, and risk ending up in the wrong place while trying to reach their destination. A cross-border estate is like traveling through multiple countries; without proper planning, your loved ones may face delays, fines, and confusion. Having experienced local lawyers in each relevant country acts as a guide, ensuring the process runs smoothly and efficiently. These simple comparisons make it easier to make the decision to write a will. Timelines: What to Look Forward To A simple, registered will can speed up the probate and distribution process (weeks to a few months). It could take months or longer for estates that are complicated, disputed, or cross-border. Registering with a dedicated wills service (DIFC, ADCFC, or Dubai Courts) cuts down on uncertainty and lowers the chance of long court battles. A quick list of useful tips for married couples Draft a will and register it where appropriate (DIFC, ADCFC, and Dubai Courts) Keep the official copy in a safe place (and let your spouse know where it is). Make a list of your most important assets, like your homes, bank accounts, stocks, and insurance policies, and keep proof that you own them. After big life events like the birth of a child, buying a house, or changing your citizenship, read your will again. If you own property in another country, you should talk to both a UAE lawyer and a lawyer in that country. Conclusion An inheritance lawyer isn't just for rich married couples in the UAE; they're also the locksmiths who make sure your family can get into the safe deposit box when the time comes. If you don't have a will, own property in more than one country, own a business, have family problems, or have dependents who are at risk, you should talk to a lawyer. It protects your spouse and children to register a clear will with the right UAE registry.   Author: Awatif Al Khouri

How Long Will a Divorce Take in the UAE? What Couples Should Expect It can be hard to think about getting a divorce in the UAE, especially if you’re an expat or a couple who doesn’t know much about the local legal system. Clients, couples, and partners often ask us, “How long will the divorce take?” The divorce process in the UAE isn’t the same as it is in Western countries. Depending on your situation, the timeline could be as short as a few weeks or as long as a year. This article, written by experienced Divorce Lawyers UAE, explains the timeline in plain language, uses real-life examples, shares interesting facts and figures, and gives you useful advice on how to plan your next steps. A quick look: Why the Timeline is Important The length of a divorce, whether it is contested or agreed upon, matters legally, financially, and emotionally. Your decisions early on will affect how long it will take, from your visa status to child custody, asset division, and future plans. What Factors Affect the Divorce Timeline in the UAE? There are a number of things that affect how long it takes to get a divorce in the UAE. Think of “speed” as the distance between two points: Uncontested Divorce:Like a highway with no traffic that goes smoothly Contested Divorce:Like driving through a city with a lot of stops and turns Here are the things that affect the timeline: Agreement Between Spouses Divorce proceedings are generally faster when both spouses agree on all key issues, including financial arrangements and child custody. Divorce Type (Muslim or Not Muslim) The type of divorce can affect how the case is handled and how long it takes. In the UAE, the Personal Status Courts, which use Sharia law, usually handle divorces between Muslim spouses. In some emirates, like Abu Dhabi, non-Muslim expats can go to Civil Family Courts to settle their disputes. These courts may have different rules and timelines. Court Procedures, Mediation, and Case Complexity In many divorce cases, UAE courts require both spouses to attend family counselling or mediation before the matter can proceed further. These sessions are intended to encourage discussion and help the parties resolve their differences without prolonged litigation. The length of this stage can vary, depending on how many meetings are needed and whether any progress is made. Hard financial and child-related issues The timeline may also be extended where there are complicated financial or child-related issues to resolve. Matters such as dividing property, determining financial support, or setting child custody arrangements often require additional hearings and careful consideration, which can add time to the overall process. Divorce that is in dispute (when issues are contested) When the spouses can’t agree on things like alimony, child custody, or how to divide their property, the divorce process usually takes a lot longer. These cases can take anywhere from six to twelve months, and sometimes longer, depending on how busy the court is and how complicated the issues are. A divorce that isn’t agreed upon can easily last more than a year if there are repeated hearings or appeals. Like a renovation that shows hidden problems with the structure, each issue that isn’t fixed adds time to the process. A breakdown of the timeline step by step Putting in the petition The court will set a date for the first review once all the required papers have been turned in. This step of the process usually doesn’t take long. It can take anywhere from a few days to a couple of weeks, depending on how busy the court is and whether the paperwork was done correctly. Family counseling and mediation In a lot of cases, and depending on the emirate, the people involved have to go to family guidance or mediation sessions before the case can move forward. The goal of these meetings is to help spouses work out their problems in a friendly way. If they can’t agree right away, they may need to have more than one session, which can make the process take longer. Court dates If there is a disagreement over the divorce, the court will often hold more than one hearing. The time between hearings can change a lot, mostly because of the court’s schedule and how complicated the case is. Final Decision Once the court approves or determines the final terms, the judge issues the divorce decree. Fact that expats might find interesting There are no official nationwide statistics available to the public, but many lawyers say that uncontested divorces in the UAE tend to go faster than in most Western cities, where court backlogs can make the process take more than a year. How to Make the Process Go Faster Divorce lawyers in the UAE who have been around for a while say: Get things in order early Before you file, make sure you have your marriage certificate, Emirates ID, children’s papers, financial statements, and translations ready. Say What You Mean If both spouses can agree on the terms right away, it cuts down on time a lot. Get Help from a Professional If you hire experienced Divorce Lawyers UAE, you can avoid delays caused by missing paperwork or misunderstandings. Conclusion In short, there is no predetermined period for divorce in the UAE because each case is different. If both spouses can agree on the main points, the process can go pretty quickly and be done in a few weeks or months. But when there are disagreements about money, kids, or other important issues, the process can take longer and last for six months, a year, or even longer. Staying organized, being open to working together when you can, and getting advice from a knowledgeable divorce lawyer in the UAE can all help keep things moving and protect your interests. No matter what stage you’re at, knowing how the process works and getting ready in advance can make a big difference.   Author: Awatif Al Khouri

AGE LIMITS, RIGHTS AND RESPONSIBILITIES The United Arab Emirates has brought about sweeping changes in Family Law, particularly under divorce, alimony and child custody rights. In this article, we will analyse the new laws regarding child custody under the UAE Family Law for Muslims and Non-Muslims. Family Law in the UAE In the UAE, family law is covered under three laws, namely, the Federal Decree Law No. 41 of 2024 on the Issuance of Personal Status Law (“Federal Personal Status Law”), governing Muslims across the seven emirates in the UAE, the Federal Decree Law No. 41 of 2022, governing non-Muslims in the UAE except in the emirate of Abu Dhabi (“Federal Civil Personal Status Law”), and Abu Dhabi Law No. 14 of 2021, governing Non-Muslims within the emirate of Abu Dhabi (“Abu Dhabi Civil Personal Status Law”). Child Custody under the Federal Personal Status Law The Federal Personal Status Law replaces the previous law under Federal Decree Law No. 28 of 2005. Under both laws, child custody is divided into guardianship and custody. Guardianship involves the overall welfare of the child, while custody involves the day to day care of a child. Under the new law, the age of custody has undergone major changes. As per the old law, after a divorce, the mother obtained custody over her male children until the age of 11 and the female children until the age of 13, after which the fathers obtained custody of children. However, the new law has homogenised the custody age to 18 for both male and female children. The father is granted guardianship rights over the children during this time However, the Federal Personal Status Law grants children the right to choose between the two parents, after the children attain the age of 15, provided that the judge deems this choice to not be against the best interests of the children. Impact on Travel The change in custody rights also affect the laws regarding travel with a child after a divorce. The Federal Personal Status Law allows both parents the right to travel alone with the children, if they provide proper guarantee to the other parent. In case the other parent objects to the travel, they may seek a decision from the court of law. The law also grants the parents the right to seek extension of the travel period by 60 days if it is in the best interest of the child or in cases of medical treatments or for any other reason accepted by the court. Child Custody under the civil personal status law The civil family laws in the UAE, under both the Federal Civil Personal Status Law and the Abu Dhabi Civil Personal Status Law recognises the concept of joint custody of children after a divorce. These laws are in line with the international family law principles, granting both parent equal rights and duties over the children. Thus, both the father and the mother is required to contribute to the day to day care and welfare of the children, as well as undertaking the financial responsibilities of the children equally. Parents are however free to decide on the manner of joint custody, or whether they want to assign specific roles regarding the care and welfare of their children. If the parents are unable to reach an amicable decision, they may approach the court, which will then provide a decision based on the best interests of the children. The parents may also waive their right to joint custody of the children. Additionally, either parent may request the court to disqualify the other parent from being a joint custodian, due to the following reasons: If the child in custody risks being exposed to domestic violence or ill-treatment. If the living conditions provided by the joint custodian to the child in custody is considered inadequate If the joint custodian has behavioural or psychological problems that would harm the child in custody or expose him/her to danger or negligence If the joint custodian does not perform their custodial duties. If the joint custodian commits a crime against morals and honor that prevents them from carrying out their custodial duties or poses a threat to the behavior of the child in custody, provided that their guilt is proven by a final judgment. If the joint custodian does not devote time to caring for the child in custody or is distracted from caring for the child in custody. If the joint custodian abuses drugs, alcohol or any psychotropic substances. If the joint custodian suffers from health issues that prevent them from carrying out their duties with respect to the child in custody. Any other reasons as determined by the competent court and in the interest of the child in custody If a parent successfully proves that the joint custodian is ineligible for custodianship, the court may decree that the remaining parent is the sole custodian of the child.   Author: Awatif Al Khouri

The UAE government has issued a series of changes to its family laws through the recently passed new personal status law, namely Federal Decree Law No. 41 of 2024 on the Issuance of Personal Status. The law will be enforced in the country in April 2025 and will be applicable to Muslims in the UAE, both nationals and expats. The law will be applied to ongoing cases in the court that have not received a final order. The new law has made changes in provisions related to grounds for divorce, child custody and alimony, among others. Divorce lawyers in Dubai are studying the new law and analyzing the impact it will have on the family legal system in the UAE. Custody Laws One of the most significant changes under the new law is the change in the age of custody. The custody of children has been raised to 18, regardless of the gender of the child. In a custody ruling, custody is generally granted to the mother. Previously, mother’s custody extended until a male child turned 13 and a female child turned 11. However, the new law not only raises the age of custody, but also makes it uniform, regardless of the gender of the child. Among other changes in laws related to child custody, a non-Muslim mother’s custody over a minor child may be extended beyond the age of 5, as per the discretion of the court. The law has also made procedural changes to obtaining educational guardianship, enabling parties to approach the Urgent Matter Court to ensure speedy judgements. Termination of marriage The new law has brought in certain changes to the provisions regarding grounds for divorce. Divorce due to substance abuse The law now specifically states that using drugs, alcohol or other psychotropic substances is a valid ground for divorce. Although parties currently use this ground to obtain a divorce, the current law under Federal Decree Law No. 28 of 2005 does not explicitly list this reason as a ground for divorce. Rather, the reason is raised as per established rulings of the Court of Cassation. Divorce due to medical conditions The law has also made changes to the conditions governing divorce due to medical conditions that prevents the parties from engaging in marital activities. As per the new law, if a spouse invokes this ground for divorce, the court has the authority to appoint an expert to evaluate such medical conditions and to grant one year time for medical treatment to the spouse who requires it, before granting the divorce. Divorce due to abandonment If a wife is abandoned by her husband, she may request for a divorce after waiting for 6 months. The older law set this waiting period as one year, but the new law has shortened the time period. However, the wife is now required to give a 6 months’ notice to her husband to return to the marital house or enable the wife to join him at his new residence. Divorce due to the imprisonment of the husband The law allows a woman to seek a divorce if her husband is imprisoned for more than three years, and has served at least one year of the imprisonment. The new law has laid down two additional requirements to invoke this ground, stating that the divorce will not be issued unless there is more than 6 months left before the husband is released from prison, and the divorce request will not be accepted if the husband is released within the time the litigation process is completed. Dubai family lawyers will understand the practical aspect of the law, once the law comes into effect on the 15th of April 2025. The legal experts of family law in the UAE will now adapt these new changes in their practice and advise on their clients matters. Author: Dr. Hassan Elhais

Introduction: Federal Decree-Law No. (31) of 2021 (Penal Code) governs Diya crimes and penalties in the UAE. In accordance with Article 1 of the UAE penal code, the Islamic Sharia principles may be applied to crimes including revenge (qisas) and blood money (Diya). The punishments for additional offenses will be determined in accordance with the current law and the relevant penal laws. When a crime causes death or injury, the term Diya refers to the monetary compensation given to the victim's family. These principles, based on Islamic Sharia principles, serves as an alternative to retribution (qisas) and aim to provide financial support to the victim’s family. The blood money, known as Diya, is given to the relatives of a victim in some crimes against human life. According to Article 383 blood money may only apply when Qisas (revenge) is not enforced. The standard Diya amount is AED 200,000, but courts may increase or decrease this threshold based on the circumstances of the case. Furthermore, according to Article 384, a person who intentionally kills another person risks a life sentence in jail. The death sentence may be applicable if the murder had been planned or related to another crime. Additionally, if the victim's family grants forgiveness, the offender faces a minimum sentence of seven years in prison, with the option to pay Diya. If a person attacks someone and they die without intent, Article 387 states the punishment is up to ten years in prison. The court may order payment of Diya. Offences causing bodily harm are also punished based on the intensity of the crime. If a person causes a permanent disability, Article 388 stipulates that they may be jailed for up to seven years if it was intentional. If it was an accident, Article 389 imposes a sentence of up to five years. Further, the court may have the right to impose the payment of the Diya amount. Additionally, negligent actions leading to death or injury are also criminalized. Article 393 stipulates that a person may be fined and imprisoned for at least a year if they cause death through negligence or recklessness. If more than one person dies, the punishment might be extended to seven years. In addition, the court has the authority to order Diya. Group assaults using weapons are punished under Article 392. If a group of three or more people plans and carries out an attack, each participant faces imprisonment and fines. If the assault results in death or serious injury, Diya may also be required. It’s important to note that Diya is not the sole consequence of causing death or injury. Offenders may also face additional penalties, such as imprisonment, depending on the circumstances and the intensity of the crime. The UAE legal system allows for compensation beyond diya in certain situations, addressing both the financial and moral damages suffered by the victim’s family. Conclusion: The principle of Diya indicates a balance between modern legal systems and traditional Islamic principles. It ensures victims' families receive monetary compensation while upholding justice by enforcing appropriate penalties. Author: Dr. Hassan Elhais

Introduction The UAE has issued a new civil defence law which is governed by federal decree-law No. (35) of 2024 on the reorganization of the civil defence authority. This new civil defence law aimed at strengthening emergency response and disaster management. Establishment of Civil Defence Authority. In accordance with Article 2, which establishes the Civil Defence Authority (CDA) under the National Emergency, Crisis, and Disaster Management Authority (NCEMA). It replaces the previous civil defence authority under the Ministry of Interior and transfers all its assets, rights, and personnel from the former authority to NCEMA. Responsibilities of CDA The new civil defence law stipulates the responsibilities of CDA under Article 3. Developing and implementing new civil defence policies, protecting fire safety, and responding to emergencies. CDA will also be responsible for managing evacuation plans, implementing early warning systems, and establishing public shelters. The authority will coordinate with government agencies, the armed forces, and private entities to enhance national safety measures. The director general of the military may authorize the management and regulation of the activities of the authority. In addition to this, the director general shall be responsible for handling budgets, issuing new policies, and managing emergency preparations. The new civil defence law allows CDA to use private and public property during emergencies, with fair compensation provided for any damages. Additionally, Companies must comply with CDA’s fire safety and emergency planning requirements before obtaining licenses. According to Article (11) some of the CDA officers may have judicial authority to enforce civil defence laws. They can investigate and report violations. In accordance with Article (8) the affected parties may have the right to get fair compensation for harm caused by civil defence operations and apply for compensation within 60 days. A committee may review the application of claims and decide within 60 days. If a claimant disagrees with the decision, they may have the option to appeal to the NCEMA within 30 days. Penalties under the New Civil Defence Regulation Additionally, the new law stipulates the penalties for violations. In accordance with Article 13 offenders may face jail imprisonment or fines. During disasters, penalties may increase to at least a minimum of two months’ imprisonment and fines between AED 20,000 and AED 250,000. Regarding the fees for the civil defence services, the cabinet may decide. It will also set fines for violations of civil defence laws as per Article 12. Conclusion The newly established civil defence regulation aims to promote public safety, increase emergency response efficiency, and maintain national planning for any crisis or disaster. Author: Dr. Hassan Elhais

Introduction: Defaulting on a bank loan in the UAE is regulated by the Commercial Code (federal decree-law No. (50) of 2022) and the Civil Procedure Law (federal decree-law No. (42) of 2022). Further, the Central Bank of UAE issued Loan Agreement Notice No. 3692/2012 of the personal loan agreement. This notice stipulates the terms and conditions for loan agreements for both lenders and borrowers.  In accordance with Article 2(1) of the Loan Agreement issued by the CBUAE, the principal loan shall be paid to the customer's account upon completion of all necessary securities and documentation. Additionally, the customer agrees to transfer the monthly income and end-of-service benefits to the bank for the duration of the loan, as well as to provide the bank with a letter from their employer. According to Article 4, the loan and related amounts become immediately due and payable in the event of default, which includes the customer's employment termination, an unauthorized transfer of their monthly salary, a violation of their obligations, and the failure to make consecutive or non-consecutive monthly instalment payments. Accordingly, the agreement may allow the bank to take appropriate actions such as the possible use of end-of-service benefits to settle outstanding amounts. In addition to this, Article 5 may permit the bank to deduct any amounts owed by the customer from funds in the accounts they hold with the bank or its branches. The Commercial Code regulates defaulting on a bank loan in the UAE. Article 409 stipulates that a bank loan is a contractual arrangement between a debtor and the bank, where the bank gives money to a borrower or adds the money to the borrower's bank account based on agreed conditions and time limits specified in the loan agreement as specified in Article 415 of the Commercial Code. The law states that the bank should obtain sufficient securities or guarantees for the loans it grants. The borrower is obligated to repay the loan and its interest to the bank within the specified time limits and according to the agreed-upon conditions. In accordance with the new Commercial code, criminal actions are limited and will only apply to certain cases of bounced cheques. Criminal actions will apply only to specific cases of bounced cheques such as intentional falsification, fraud, providing counterfeit cheques, and withdrawing account balances to prevent payment. According to the Commercial Code, in the event of a default payment, a bank may have the right to deposit a debtor's security cheque. If security cheques are dishonoured due to insufficient amounts, a bank can file an execution case against the debtor. Additionally, under the Civil Procedure Law, the bank can approach the court to seek a travel ban against the debtor as per Article 324. A bank may request a travel ban if there is a fear of the debtor escaping the state, provided the debt is not less than AED 10,000. Conditions for issuing a travel ban include providing written evidence of the debt and a guarantee by the creditor for potential harm to the debtor. Furthermore, Article 327 states that if a debtor with a travel ban does not surrender their passport or is suspected of disposing of money, the court may summon them and impose payment or attendance guarantees. Conclusion: Defaulting on a bank loan in the UAE leads to legal actions as per the law. It is important for both borrowers and creditors to know and understand these legal consequences when dealing with financial transactions in accordance with UAE law. In case of default by the debtor, the bank   is entitled to demand default interest, as stipulated in the loan agreement. Author: Dr. Hassan Elhais

The United Arab Emirates has recently passed a new personal status law, namely the Federal Decree Law No. 41 of 2024 (“Law”) that has brought about significant changes to the personal laws applicable to Muslim in the UAE, both nationals and expatriates. Although the Law was issued in October 2024, it will be enforced six months from the date of issue, i.e., in April 2025. While the new Law has altered provisions regarding divorce, child custody, alimony etc., in this article, we will focus on the changes to the laws regarding international travel with minors. Dubai has emerged as a family destination for people from around the world. Individuals who come to the UAE to work often relocate to the country with their families, due to the security and the many amenities offered by the country. However, when married couples divorce, one of the parents may return to their native country, without the agreement or consent of the other parent. This leads to emotional distress and legal complications, in addition to disrupting the lives of the children involved. It is to prevent these complications that the new personal status law has issued certain provisions governing the possession of official documents of children, and the travel of minor children. Custody and guardianship Before delving into the provisions surrounding child custody, it is important to understand the distinction between a custodian and a guardian in the context of UAE laws. Custody is defined under Article 112 of the new Law as the care, upbringing, and protection of children, and attending to their interests in a manner that does not conflict with the guardian’s right to guardianship. Article 128 further defines guardianship to include the general supervision of a minor’s affairs- without conflicting the authority of the custodian- and taking care of the minor’s property. Thus, both articles refer to the meaning of the other term, highlighting the importance of both entities in a child’s life. Travel with children Article 116 of the new Law stipulates particular guidelines for travel with child under custody. After a divorce, the custodian parent who is usually the mother of the child, can travel with their child after obtaining a written consent from the guardian parent who is usually the father of the child, as per Article 116 (1). Alternatively, the custodian can seek the permission of the court to travel with the child. Article 116 (2) states that the court may grant permission to the custodian to travel with a child for up to 60 days. This period may be extended for certain reasons, such as i) medical treatment ii) an urgent necessity, or iii) if the travel is shown to be for the best interest of the child. Who holds custody of travel documents? As was the case under the old laws, the new Law, under Article 117 provides that the custodian has the right to hold the identification documents and the birth certificates of minor children while the guardian has the right to hold the passports. The guardian may handover the passport to the custodian when the latter requires it to travel with the children. If the guardian refuses to do so, the custodian may approach the court to order the guardian to handover the documents. However, the Law has added new provisions to curb the misuse of the identification documents of the children. Article 124 of the Law states that if the custodian attempts to travel with the children without the consent of the guardian or the court, or uses the said documents in a way to harm the rights of the guardian, against the best interests of the children or for the custodian’s personal gain, the guardian may obtain custody of the documents. In such instances, the guardian is responsible for the expense of obtaining and renewing the identification documents. Criminal Sanctions The new family Law for the first time, imposes penalties on individuals who commits acts that are detrimental to their families. Consequently, the Law imposes criminal sanctions on parties that attempt to disrupt the lives of children, either by harming their rights, or attempting to abduct them from their parents or guardians. Article 251 (3) provides that if a parent does not handover the documents pertaining to the children, without any justification, to the parent who has the right to hold them, he/she may be liable to be imprisoned, and/or fined between AED 5000 and AED 100,000. Furthermore, Article 252 states that if a custodian takes a child out of UAE, without the prior permission of the guardian of the child, or the court, or misuses the children’s identification documents or gains benefits from it without rightful cause, he/she may be liable to be imprisoned and/or fined between AED 5000 and AED 50,000. Conclusion The newly established personal status laws protect the best interest of the children and the rights of guardians while ensuring their well-being. Although the laws do not directly refer to parental abduction of children, it provides a variety of tools and sanctions to deter such activities. Author: Dr. Hassan Elhais

PART 1 | TERMINATION OF MARRIAGE INTRODUCTION The UAE has issued a new personal status law, namely, Federal Decree Law No. 41 of 2024 on the Issuance of the Personal Status Law, on the 1st of October, 2024 which will come into effect on the 15th of April 2025. The new law has made considerable changes in the provisions relating to termination of marriage, child custody and the maintenance rights of the wife. This article is part 1 in a series of articles to explain the new law explaining the changes made to laws relating to the termination of marriage. Please note that although this is not an exhaustive note on the changes under the new law, I will be covering the substantial changes that are noteworthy. Choice of Applicable Laws As per the old family status law no. 28 of 2005, the default laws applicable to a family case was the UAE laws, as long as none of the parties requested to apply the laws of their home countries. However, this was amended wherein it was clearly mentioned that the UAE law will apply if none of the parties requested to apply the laws of the place where the marriage was concluded. However, the new law, for the first time clearly states that the UAE law will be applicable if the parties do not choose to apply any foreign law. Thus, the law gives both parties the chance to decide which law they will be subjected to, by their own agreement. This approach will give spouses more control on the legal framework which governs the relationship between them. Previously, couples had to carefully choose the place where the marriage was to take place, as this would determine the financial rights, the rights of the couple over their children, and the grounds for any divorce application filed by either party. It would become increasingly challenging to resolve the matter after the conclusion of the wedding ceremony. However, with the issuance of the new law, both parties have the right to decide the law governing their marriage at any point after their marriage, provided that the applicable foreign law does not violate public order and public morals. Submission of the Case to Family Guidance Under article 16 of the old law, it was mandatory to submit any divorce, custody or maintenance claim to the Family Orientation Committee, commonly known as family guidance. Under the new law, the case is to be submitted to the court which will then decide if the case is required to be submitted to the family guidance department or not. Calculating Time Period Under the old laws, calculation of time period pertaining to age, and other relevant factors were calculated using the lunar calendar, as per the moon sightings, which had about 354 days a year. As per the new Laws, these time periods will now be calculated as per the Gregorian calendar, or the solar calendar, consistent with the global practice. Gifts Given During the Engagement Period Under the new law, gifts given during the engagement period will not have to be returned unless it was given under the condition to continue the marriage. However, gifts given as part of the Dowry or gifts exceeding AED 25,000 must be returned unless they are consumable gifts. Marriageable Age Between a Couple The new law prohibits marriages between a woman who is thirty years younger than the man, if the woman has not been married earlier. The Rights of Descent Under the old laws, children born in a marriage that was null and void, was not given the right of Descent. However, the new law grants these children the right of descent even if the marriage is null and void. Additional Grounds to Obtain Divorce   a) Divorce due to usage of drugs and other substances The new law specifically states that using drugs, alcohol or psychotropic substances will be considered a valid reason to claim a divorce. Previously, although the above reasons could be used before the court to claim a divorce, it was not listed clearly in the law. The reasons were raised as per the rulings of the Court of Cassation, instead of based on federal law. b) Divorce due to medical condition that prevents the parties from engaging in marital relations Under the old laws, either of the spouse had the right to ask for a divorce due to any medical condition that does not allow for marital relations between them. The new law confirms the same rule to a couple and additionally provides the court the authority to appoint an expert to evaluate such medical conditions and to grant one year grace period for medical treatment to the spouse who requires it, before granting the divorce. c) Divorce due to abandonment of the family Under the old laws, the wife had the right to claim divorce if the husband abandoned the family for more than one year. The new law has shortened this period to 6 months, under the condition that the wife will need to give 6 months’ notice period to the husband to either to return to the marital house or enable the wife to relocate to the husband’s residence. d) Divorce due to the detention of the husband Under the old laws, the wife may claim divorce if her husband is imprisoned for three years or more, and has served at least one year of the the jail sentence. The new law applies the same rule where the wife can apply for divorce after the husband has been granted three years imprisonment and has served one year of the jail time. However, the new law adds two additional requirements wherein the divorce will not be issued unless there is more than six months left before the husband is released from prison and any request for divorce will not be accepted if the husband is released within the time the litigation process is completed.   Amendments in the Khula Regulation The UAE personal status law grants a Muslim wife the right to terminate her marriage without any reason and without suffering any harm, through the claim of a specific type of divorce called Khula, which is considered as a single divorce indicating that the Muslim wife will be able to marry the same person in the future under a new contract and with a dowry. As per the new law, Khula may be granted not just with the consent of the husband but it may also be issued by the decision of a judge, in case the husband does not agree to issue the Khula. In exchange for Khula, the wife may give the husband a specific amount of money or any substance equivalent to money, or she may return the dowry received by her. Evaluating the amount of money to be given to the husband is subject to the agreement between the spouses, or a decision of the court in case there was no such agreement. The amount may be given by the wife or a third party. According to article 66 of the same law, Khula cannot be given in exchange for child custody or child support. If khula has been invoked between a couple, it must be duly registered in the Dubai courts within a period of 15 days. A request for registration of Khula may be carried out by the spouses or by any third party who has a legal interest in the matter. Thus, the father of the wife, or her sons or daughters over the age of 18, may apply for registration of Khula if they are able to prove that they have the legal capacity to do so. Once the new law comes into effect, it will be applied to ongoing cases in the court that have not received a final order. The law will be applicable to Muslims, Emiratis and Expats, across the seven Emirates. Further Articles will follow covering the other important changes under the new personal status law.

Recently, the United Arab Emirates (UAE) updated and improved its maritime laws in order to strengthen the role that the maritime industry sector plays in international trade. Federal Decree-Law No. (43) of 2023 on Maritime Law (UAE New Maritime Law) has replaced earlier law. The New Maritime Law addresses the various aspects of maritime activities such as chartering of a ship. The following are the important clauses from the chartering of a ship under the New Maritime Law. Important legal provisions for Chartering a Ship under the New Maritime Law Ship chartering is the method of leasing a ship for the transportation of goods or passengers. Article 1 of the New Maritime Law, a charterparty refers, it is a contractual agreement between a lessor (who provides the vessel) and a charterer (who hires the vessel for a specific purpose). Which outlines the terms and conditions, such as the duration, payment, responsibilities, and operational control. Under this contract the lessor agrees to provide a ship or a portion of the ship offered to the charterer for a specified period or for the purpose of carrying out one or more voyages in exchange for a hire that the charterer will pay. According to the Article 130 states that, the provisions governing ship chartering apply unless the contracting parties agree otherwise, provided that such agreements do not contradict the fundamental nature of the charter party. The ship’s charter party is subject to the laws of the ship’s flag state unless both parties mutually agree to a different governing law. As per the Article 131, a ship's charter party is a binding contract and such contract must be in writing and should include important details such as the names of the lessor and charterer, as well as the ship’s specifications, the quantity and type of cargo, the amount of cargo covered by the hire, loading and unloading locations, and the contractual terms. This agreement is legally binding on both parties and any individuals managing the ship. However, third parties can only be held responsible under the charter party if they were aware of its terms at the time of execution. Subletting the Ship: Unless specifically stated otherwise in the contract, the charterer is permitted to sublet the ship as specified by Article 132. It is important to note that subletting does not release the original charterer from their obligations to the lessor, nor does it establish a direct contractual relationship between the original charterer and the sub-charterer. Additionally, the lessor retains the right to demand that the sub-charterer repay any unpaid hire fees up to the amount that the sub-charterer owes the original charterer. Article 133 describes cargo security and liabilities. The ship's cargo acts as security for paying the expenses of the hire and related fees. While the lessor cannot detain the cargo upon arrival due to non-payment. However, they may seek a court order to place them under custody and request their sale. The lessor also retains a lien on the shipped cargo for 15 days of after delivery unless a third party in good faith acquires rights over them. In accordance with Article 134, the third parties have the right to take legal action against the lessor as a result of the ship's usage. Further the New Maritime Law state that, the sale of the ship does not terminate the charter party. However, if the buyer proves they were unaware of the charter agreement at the time of purchase, they may request its termination. Bareboat Charter Party: A bareboat charter is an agreement where the lessor provides a seaworthy ship to the charterer without supplies, fuel, or crew, in exchange for hire (Article 137). If the contract includes an ownership transfer clause or a promise to sell, it may still be classified as a bareboat charter. The lessor is responsible for repairing defects inherent in the ship, and if such defects cause the ship to be out of service for more than 24 hours, the hire payment is suspended for that period (Article 138). The charterer assumes both the commercial and navigational management of the ship unless agreed otherwise (Article 139). Voyage Charter Party: According to Voyage Charter Party agreement where the lessor provides a fully equipped and crewed ship for one or more voyages in return for hire (Article 140). The lessor must ensure the ship is in seaworthy condition and maintain it throughout the voyage. They may not load any cargo beyond what is agreed upon unless the charterer provides explicit consent. If the lessor violates this rule, the extra freight collected belongs to the charterer, who may also claim compensation for damages (Article 141). Time Charter Party: A time charter is a contract where the lessor provides a fully crewed and supplied ship to the charterer for a specific period in exchange for hire (Article 150). The lessor must ensure the ship is in seaworthy condition at the agreed time and place and must maintain it throughout the contract period. The lessor retains navigational management and is responsible for maintaining the ship and paying the crew, though they may delegate management to another party. Liability for ship loss depends on whether navigational management was transferred to the charterer (Article 151). The charterer assumes commercial management, covering all related costs, such as fuel, port fees etc. They must return the ship upon contract expiration and are liable for damages from its commercial use beyond normal wear and tear (Article 152). Conclusion: The New Maritime Law ensures clarity and balance in ship chartering agreements, protecting the interests of both lessors and charterers while addressing potential disputes and liabilities.

In the recent years, the UAE has brought about significant changes to its legal provisions regarding relationships between unmarried couples and children born outside the boundaries of a marriage. The law provides a definitive procedure to register and document births of such children, and establish their legal identity. Decriminalization of Consensual Sex and Pregnancy Outside of Marriage Article 410 of Federal Decree-Law No. 31/2021 on the Issuance of the Crimes and Penalties Law, or the UAE penal Code, has decriminalized consensual sex and pregnancy outside of marriage provided that the identification documents and passports of the born child are extracted according to the laws of the State, thus protecting the rights of the child. Birth Registration Birth registration is a straightforward process in the UAE, requiring the submission of certain information including the identity documents and the marriage certificate of the parents. Article 6 of Federal Decree Law No. 10/2022 on the Regulation of the Registration of Births and Deaths states that a birth certificate is to be considered as proof of birth, and will not be considered to be a document to prove paternity of a child. Obtaining a Birth certificate When a Couple is Unmarried As per article 7 of the Law No. 10/2022, to obtain a birth certificate, parents of a child will be required to submit a birth statement, identity documents of the parents and the marriage certificate. However, if the couple is unmarried, thus lacking a marriage certificate, the parties can submit an acknowledgement from regarding the lineage of the child to them. This document must be certified by the embassy of the State to which they belong or by a notary public. Obtaining a Birth Certificate When the father is Unknown If a birth is to be registered but the identity of the father is unknown, article 11 of Law No. 10/2022 states that a hospital or a health facility can issue a birth certificate based on a judicial order obtained from the competent court. Such birth certificates will contain the name and nationality of the newborn, the details of the mother, and other information as prescribed by law, from time to time. Proof of lineage of Children with Unknown Parents Federal Decree Law No. 41 of 2024 on Personal Status, and Federal Decree Law no. 41 of 2022 on Civil Personal Status have issued provisions regarding children with unknown parentage. Article 89 of the Federal Decree Law No. 41 of 2024 states that in case of children with unknown parentage, lineage may be proven by acknowledgement, if the person to whom the acknowledgement is made confirms it, provided that he is of legal age and sound mind, and the age difference between the person making the acknowledgement and the child allows for the possibility of the acknowledgement to be true. Additionally, if the court finds it necessary, the court may request a DNA test. Article 14 of the Federal Decree Law no. 41 of 2022 states that parentage can be proven by marriage or by acknowledgement of parents. A court can order a DNA test to prove parentage only if the child in such cases is of unknown parentage and the difference in age allows the child’s parentage to be true. The legal advancement in the rights granted to children born out of wedlock shows UAE’s commitment towards the protection of children in vulnerable positions. It is also a significant step taken by the country to adapt to the changing needs of a contemporary society. Practical Note: In light of the above, and in case the birth certificate was not issued by the health department, then the parents may submit a petition to the court of urgent matters with specific documents. These documents could be the IDs for both parents, birth notification, parentage acknowledgement by both parties, and any other additional requirement by the court of the Emirate where the request would be submitted.

Introduction The Federal Tax Authority (FTA) of the UAE recently amended some provisions of the UAE VAT Executive Regulations, particularly Cabinet Decision No. 52 of 2017, on the Implementing Regulation of Federal Decree-Law No. 8 of 2017 on the Value Added Tax (VAT Executive Regulations). Amended Key Definitions under the VAT Executive Regulations According to Article 1 of the UAE VAT Executive Regulations, the term virtual assets is defined as a digital representation of value that can be digitally traded or transferred and can be used for investment purposes. This definition, however, excludes the digital representation of securities or fiat money. Additionally, Article 2 clarifies what constitutes a supply of goods. This includes transfers of ownership or the right to dispose of goods, either through written or verbal agreements, as well as compulsory transfers in exchange for consideration. For a transaction to be classified as a supply, the receiving party must have the ability to dispose of the goods as their owner. Even contracts that specify the transfer of ownership or the intention to transfer ownership in the future are also considered supplies. Transactions involving water, energy supply, and real estate are also deemed supplies of goods under this provision. Additionally, the transactions related to the supply of water supply, energy supply, and real estate are also considered as supply of goods. A new Article 3 bis - Exceptions to the supply has been introduced. It states that certain transactions, such as the transfer of ownership or disposal rights to government buildings, real estate assets, and similar projects, are not considered supplies. Examples include the government headquarters, government capital projects, government infrastructure projects, real estate assets used by government agencies, real estate assets allocated for public facilities, and developed government lands used by government agencies. The value of the goods that are supplied to each recipient may not exceed AED 500 within a period of twelve months, as stated in Article 5. Additionally, the total output tax due on all deemed supplies cannot exceed AED 2,000 per supplier during this period. Further, this provision states that any amount above this threshold becomes payable. For government entities and charities, the total output tax is capped at AED 250,000. The 12-month period concludes at the end of the month in which the supply was made. In accordance with Article 30, direct or indirect exports of goods are eligible for a zero rate if specific conditions are met. In order to support this eligible criterion, businesses must maintain documentation such as customs declarations, commercial evidence of exported goods, shipment certificates, or official proof of export. Additionally for services, Article 31 outlines that the export of services may qualify for zero rating if they are not considered performed within the UAE or a designated zone. Scope and definitions of financial services: I. Debt security includes any legal right or interest in receiving money owed by another party, such as options to acquire such rights. II. The term equity security refers to the legal rights or interests that are held in shares of a company or options to acquire shares of that company. III. Life insurance contracts are legally binding agreements that provide financial payouts based on contingencies such as life, marriage, or childbirth. IV. Islamic financial arrangements are financing contracts compliant with islamic sharia and relevant laws. Article 42 (2) further stipulates that financial services involve monetary transactions, credit provisions, and similar activities. These include currency exchange, issuance and transfer of cheques or letters of credit, provision of loans or credit, and renewal or variation of credit contracts. Services related to investment fund management, such as managing fund operations and improving fund performance, are also covered under these financial services. Importantly, virtual asset services, including management, conversion, and transfer, fall within the scope of financial services. Agreements or contracts related to these activities (excluding advisory services) are also classified as financial services. Tax Exemptions for Financial Services In accordance with article 43/2 stipulates that some financial services are exempt from taxation, provided specific conditions are met. These include: Services outlined in Article 42/2 that are not performed in exchange for explicit fees, commissions, discounts, or rebates. Transfer of ownership of equity or debt securities, including issuance and allotment. Provision or transfer of ownership of life insurance and reinsurance contracts. Management of investment funds licensed by competent authorities. Virtual asset-related services, including those supplied as of January 1, 2018. Conclusion: The updated UAE VAT Executive Regulations clarify financial services and virtual assets and add transaction exemptions. This improves compliance, is more in line with current financial practice, and is also consistent with the UAE's changing economic structure.