ASK THE LAW – Al Shaiba Advocates & Legal Consultants, having a dedicated family law department, provides complete legal support to individuals and families in divorce cases, child custody cases, maintenance disputes, guardianship, marriage-related matters, family settlements, asset distribution, and all other personal status disputes.

Our Family Lawyers in Dubai assist UAE nationals, expatriates, Muslim and non-Muslim clients. We assist them by providing family law legal advice, representation in court cases, reviewing documents, and negotiating settlements. We represent our clients before all the competent courts in Dubai and across the Dubai.

It is quite important to note that family disputes require careful assessments because the applicable law can depend on multiple factors. These factors are nationality, religion, residence, and marital status, the location of the marriage, prenuptials and more. Our family lawyers in Dubai provide complete legal advice and valuable information regarding this.

UAE Family Law and Personal Status Matters

The current federal law is Federal Decree-Law No. 41 of 2024, which is on the Issuance of the Personal Status Law. Its covers all UAE citizens and residents, including Muslims and Non-Muslims, including foreign nationals, who are allowed to choose specific choice-of-law provisions. For Non-Muslims, Federal Law No. 41 of 2022 on Civil Personal Status provides a separate and complete civil framework, which covers the matters such as civil marriage, divorce, child custody, inheritance, and parentage. The legislation applies to non-Muslim UAE residents within its statutory scope and applicable laws.

Our Family Law Services in Dubai

Our legal team assists clients with family matters at different stages, from preliminary legal advice and settlement discussions to Family Conciliation and court proceedings.

Divorce and Separation

Divorce cases in UAE can involve more than ending a marriage. It means it is depending on the circumstances, where related issues like child custody, visitation, alimony, maintenance, asset distribution, travel with children, and enforcement of existing agreements can be part of a divorce case.

Our divorce lawyers in Dubai having expertise in divorce and separation; review the marriage documents, and applicable laws, and any existing settlement terms before advising on the appropriate procedure.

Where an amicable solution is possible, we help them to find an amicable settlement with an amicable divorce. If the settlement is not reached, then dispute proceeds to court, and we represent our clients in the competent court. For non-Muslim residents in the UAE, falling within Federal Decree-Law No. 41 of 2022, the law grants them a special provision by providing them a divorce by unilateral will without requiring the spouse permission or consent, it is established as No-Fault or harm.

Family Law in the UAE should not be assumed that the one law is automatically applied to everyone. Federal Decree-Law No. 41 of 2024 tells us about the rules for UAE citizens, Muslims, Non-Muslims, and expats living in UAE. Expats living in UAE, are given choice-of-law considerations, but depending on the circumstances and the legislation. Our professional family lawyers help the clients to understand about this law and its permissions.

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Child Custody and Visitation in Dubai

Child custody disputes are not the ordinary matters and considers most sensitive family matters among all the family matters. The court considers the betterment of the child and requirements governing the child custody, rather than treating it as a dispute between parents. UAE courts pay a lot of attention towards the welfare and better living of children.

Under the current Personal Status Law, a child who reaches 15 years of age may choose to reside with either parent, unless the court considers another arrangement to be in the child’s interests. Custody generally ends when the child reaches 18 Gregorian years, subject to specific circumstances provided by law. If there is any confusion regarding this law, our child custody lawyers in Dubai can be proved very useful.

Child custody laws recognise visitation rights for the other partner as well, who does not keep the custody. For non-Muslim family’s joint and equal custody, options are also available. Subject to the court’s assessment and the child’s best interests.

Child Maintenance and Family Financial Claims

Child maintenance and family financial claims disputes can arise during marriage or after divorce. The current Personal Status Law contains provisions for maintenance between spouses, maintenance for children, as well as between qualifying relatives. The current Personal Status Law contains provisions governing maintenance between spouses, maintenance for children, and maintenance between qualifying relatives.

For child maintenance claims under the 2024 Personal Status Law, the legislation states that a claim against the father for a previous period generally cannot extend beyond one year before the date of the judicial claim.

Family financial disputes can involve monthly maintenance, accommodation, schooling, medical expenses, custody-related costs, arrears, and enforcement of existing maintenance judgments or settlements. Our team of lawyers review available evidence before advising on the appropriate position.

Family Settlements and Amicable Resolution

Dubai Courts provides a Family Conciliation service for family disputes settlement. The process can result in conciliation or referral to the competent court. Our lawyers provide practical solutions to all the parties. We draft the settlement agreements and manage the amicable divorce, if do not become contested.

  • Civil Personal Status regime have different procedural rules. For example, divorce claims under Federal Law # 41 of 2022 are exempted from referral to Family Guidance. It can proceed directly to court.

Our Valuable Services

We provide our clients with a detailed, valuable & comprehensive assessment of the case. We are competent enough to deal with marriage-related matters as per every religion and custom. Mediation and amicable settlements are our first priority for divorce matters, separation, & Child Custody. However, if the matter is not resolved mutually on amicable grounds, then we provide great value to legal services. We provide end-to-end legal support across:

  • Marriage Registration
  • Alimony Cases
  • Child Custody disputes
  • Guardianship
  • Inheritance Disputes
  • Domestic Settlements / Violence Protection Orders
  • Personal Status Law Advice
  • Foreign Divorce
  • Prenuptial and Postnuptial Agreements

Experienced Lawyers For Mediation

ASK THE LAW is the online legal platform of Al Shaiba Advocates & Legal Consultants, an Emirati-owned law firm based in Business Bay, Dubai.

Our legal team assists individuals and families with personal status disputes, family settlements and court proceedings. The firm is chaired by Advocate Mohammad Ebrahim Hassan Al Shaiba, who has also contributed legal commentary and answers on UAE law through Gulf News.

Our approach begins by identifying the applicable law and jurisdiction, reviewing the available documents and understanding what the client is seeking to achieve. Where an amicable solution is appropriate, settlement options can be explored. Where court proceedings are required, our lawyers can advise on the procedural and legal steps available.

Frequently Asked Questions

Ask The Law AL Shaiba Advocates, is the No. 1 Advocates and Legal Consultants for Family matters in Dubai and all over the UAE.

Married couples have right to get divorced in UAE. Requirements and conditions are different or can be different for Muslims and Non-Muslims. Sharia Law is applicable on Muslims, however Non-Muslims can also choose the Sharia Law if they want. Reference or Law for Non-Muslim divorce is”Article 1 of the Federal Law No 28 of 2005”.

Federal Law 28, 2005 of Personal Affairs, tells us that the biological mother of children is the custodian of children up to a certain age defined by Law. Boy has age up to 11, and a girl has age up to 13. Mother will keep the custody up to this age.

Surrogacy is the legal agreement. It’s a legal agreement between a woman and couple or between a surrogate mother and the person where she is agreed to deliver a baby for a couple or a person. It can be paid or free depepnds upon the agreement between two parties. Read Here Surrogacy in UAE.

2nd December 1971

If NAFAQAH is not paid then it would be made part of total Alimony by Court. Article 66 UAE personal status law” Wife Alimony is up to husband os obligation from the date he stops paying her. It is considered as a Debt by the Court or Judiciary.

Non-Muslims will not have to observe the Sharia Law more, unless they want.

New Civil Family Law in UAE, provides equal rights to men and women. For example, based on Article 4, it has been implemented that both men and women will have equal rights and responsibilities, e.g. for proof, evidence, ability to file the divorce etc. Muslim couples will still still treated under and as Sharia Law.

New Family Civil Law has removed the witness requirement.

New Civil Family Law allows no-fault divorce to non-Muslims, where they can first file and obtain the quick divorce and settle the other matters later e.g. custody, alimony etc.

Top Family Lawyers in Dubai, UAE, Ask The Law – Al Shaiba Advocates.

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It depends on nationality, religion, residence, the nature of the relationship and any legally permitted choice of law. Federal Decree-Law No. 41 of 2024 is the principal current Personal Status Law. For more details, you can consult senior Emirati family lawyers at Ask The Law – Al Shaiba Advocates and Legal Consultants.

Yes. Non-Muslims can obtain a divorce in Dubai. All non-Muslims and foreign expats can get a divorce in UAE.

Under Federal Decree-Law No. 41 of 2024, custody generally ends when the child reaches 18 years. From age 15, a child may choose which parent to reside. For further details, you can consult the family law legal experts.

Yes, UAE law recognises joint custody. Under the Civil Personal Status Law applicable to qualifying non-Muslims, joint and equal custody following divorce is the allowed.

Yes. Family Conciliation in Dubai provides procedures to settle the family disputes outside the court.

Foreign documents submitted to Dubai Courts may require authentication. The complete details can be obtained by checking with our professional legal experts.

Yes. A family lawyer can assist with child maintenance. Make sure to hire senior family lawyers.

Speak With Our Family Lawyers in Dubai

Family disputes can involve significant personal, financial and child-related consequences. If you require legal advice concerning divorce, child custody, maintenance, family settlements or another personal status matter, you can Book a legal consultation with our Family Lawyers in Dubai at Al Shaiba Advocates & Legal Consultants. We have one of the best team of family lawyers, practicing for more than 20 years.