Awatif Mohammad Shoqi Advocates & Legal Consultancy

Awatif Mohammad Shoqi Advocates & Legal Consultancy

alrowaad.aealrowaad.aealrowaad.ae
Region Area

News and developments

Expat Divorce in Abu Dhabi: Jurisdiction and Asset Division by the Family Court

Introduction:

For expatriates living in the UAE, divorce might be a complicated process and deal with emotions. Abu Dhabi has been taking steps to address the unique challenges that expatriates face with its Law No. 14/2021 on Civil Marriage and Its Effects. The law provides clear guidelines for divorce procedure, asset division, and jurisdiction. This article evaluates the laws and procedures governing expatriates divorcing before the Family Court in Abu Dhabi.

Family Court Jurisdiction:

Abu Dhabi Decision No. 8/2022 authorises handling of the expatriate’s family issues such as:

  • Disputes and Applications: The court resolves all disputes related to civil marriage and divorce including the temporary alimony petitions as well as child custody matters.

  • Territorial Jurisdiction: The court has jurisdiction over the case based on the residence of one of the spouses, having chosen domicile in the emirate, workplace, or the lawsuit relating to the properties located within the emirates of Abu Dhabi. Further, if the expat spouse has no known domicile abroad, then the court may have the authority to assume its jurisdiction over civil marriage-related suits, including divorces.

  • Jurisdictional Competence: It also includes issuing interim or summary orders including applications for temporary alimony, travel ban, seizure of assets, assignment of the expert, travel with children and disputes deriving from civil marriages.

    • Unilateral Divorce Procedure:

    Article 6 of Law No. 14/2021 on Civil Marriage allows unilateral divorce. This means, that one of the spouses may initiate a divorce process without giving reasons or fault for the divorce. A spouse may submit a divorce application before the family court with the prescribed fees. Accordingly, the court will review the application as per the conditions outlined in the Abu Dhabi civil marriage law.

    Financial Rights in Divorce Cases:

    As per Article 15 of the Abu Dhabi Decision No. 8/2022, the court has the discretionary power to review, approve, and amend the financial rights arising from divorce, especially related to financial support for the wife and children. Additionally, as per Article 8, the divorced woman may also have the right to request maintenance from her former husband.

    The court has discretion in determining the amount and duration of financial support based on various factors; these are some essential factors that the court may consider while concluding the judgment related to the financial settlement and alimony suits.

  • The duration of the marriage the age of the spouses, and the education qualification

  • Contribution of assets from each spouse during the marriage.

  • The economic, financial, and social status of each spouse according to the expert report appointed by the court.

  • The moral or material damage suffered by each spouse.

  • The wife’s employment status and her ability to work, along with her health condition.

  • The lifestyle of the wife and children during their marriage

  • The number of children, their ages, and their requirements.

    • Role of Court Experts:

    To ensure that asset division and financial assessment are fair, the court may appoint an expert. The expert will examine the net worth of each partner and make a report on how to allocate property as well as other financial issues such as alimony payments. As per this expert report, the court may make decisions concerning financial rights after the divorce.

    Conclusion:

    Navigating divorce proceedings in the emirate of Abu Dhabi requires knowledge about the jurisdiction of the Family Court together with its provisions on unilateral divorce as well as guidelines on asset division and financial provision. By consulting an experienced legal adviser, one can ensure that their rights are protected.

    © 2024 Legalease Ltd. All rights reserved

    Registered company in England & Wales No. 2423756 VAT 324572722

    Registered address: 188 Fleet Street, London, EC4A 2AG