Family Law
Ending a marriage is never a simple process. The battles between spouses and their lawyers can take a toll. But when spouses are able to remain civil and agree between themselves on how to divide the marital assets, deal with custody and support issues, and handle any other matters, an uncontested divorce may be an option. It still may be hard for divorcing couples to accomplish in many instances, but the benefits can be great under the right circumstances.
When one spouse wants to move out of the marital home, it may require the agreement of the remaining spouse to avoid a possible claim of abandonment. Open communication between both spouses and advice from a legal professional is key. The spouse who moves out may still have a right to the marital home during a divorce or separation.
According to the fundamental principle, a dispute can solely occur between living parties, and it cannot be established unless both parties are alive. Otherwise, the dispute is considered void and has no legal effect, and no subsequent proceedings can follow.
Off-Plan property refers to a real estate that is purchased before it is constructed or completed. Purchasing an off-plan property in the UAE can be an attractive investment opportunity. However, it is essential to understand the legalities and conjugal rights associated with buying off- plan properties. This article aims to provide an understanding on the legalities and conjugal rights of owning an off-plan property.
The law which governs family matters and disputes (including divorce) in the United Arab Emirates (UAE) is the Federal Law No. 28 of 2005 (the UAE Personal Status Law). The Emirates of Abu Dhabi has issued a new law called the Abu Dhabi Law No. 14 of 2021 (the Abu Dhabi Law) which mainly applies to non-Muslims based in Abu Dhabi. However, the UAE Law continues to apply to Muslims in Abu Dhabi.
Restraining orders are issued in domestic violence cases and other cases when the judge believes that it is necessary to protect someone from harm. However, situations sometimes arise when a restraining order is inappropriate, such as when it is taken out against an innocent person.
Domestic violence may be raised in civil or criminal court, depending on the situation and parties to the case. Typically, if the issue is between two partners in the scope of family law, divorce, or custody, the issue will be a civil matter. When the violence involves abuse or assault, however, and the person subjected to the violence files a complaint with police, the case may go to criminal court as either a misdemeanor or felony depending on circumstances and state law.
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