United Arab Emirates Legal Articles
Law related articles writen by lawyers
and experts witnesses practicing in United Arab Emirates
In relation to Family law, the only use of mediation is through the Family Guidance Committee, the commencement of most family cases must be referred here. The committee is made up of a number of counselors with mediation/ counseling training.
Post divorce, if the custodian of the child is other than the child’s mother, he or she must obtain the written agreement from the guardian before taking the child out of the UAE. If such permission is withheld by the guardian, the custodian may obtain permission for the child’s travel from a judge (Article 149 Personal Status Law).
Parents do not share equal parental responsibility for the child. Following a divorce, the mother will become the ‘custodian’ of young children, and the father the ‘guardian’. The custodian is obligated to care for the child, meet the child’s day to day needs and have the child live within their home.
Under s.235 of the Civil Code, foreign orders may be enforced in the UAE by applying the laws of the foreign country within the local courts.
October 27, 2013 By Al Rowaad Advocates & Legal Consultancy
Under UAE laws, it is never possible for a husband to make income claims from a wife, even if he holds custody of the children.
October 21, 2013 By Ezz Law Firm
The author present a research about healthcare, medicare, medicaid, insurance, abuse, fraud, middle east forum 2013 Abu Dhabi UAE motives, scam means.
The purpose of the Family Guidance Committee is to try and reconcile the parties before separating them under Article 98 of the Personal Status Law. The family guidance counselors are not legally trained, but have experience in mediation and counseling.
In certain circumstances even a validly attested marriage certificate would not be sufficient to allow a marriage to be recognized in the UAE.
Muslim couples (Emirati and expatriate) enter into a marriage contract (Nikah’) if they conduct an Islamic marriage in a Muslim jurisdiction or elsewhere.
Domicile is defined as a place where an individual resides and see’s their long term home to be. Residence can be more temporary than domicile. In practice, a party would be seen to be domiciled or resident in the UAE for jurisdiction purposes, if they hold a residence visa (or similar) for the UAE.
Dubai is one ‘Emirate’ within the ‘United Arab Emirates’. Seven Emirates make up the UAE being: Dubai; Sharjah, Abu Dhabi, Fujeira, Ras Al Khaimah, Um al Quwaim and Ajman. Each Emirate is governed individually.
October 1, 2013 By Al Rowaad Advocates & Legal Consultancy
It is common for the unsuccessful party to argue against the enforcement of an arbitration award on the ground that the arbitration was invalid, because the person who signed the contract was not authorized to agree an arbitration clause.
September 28, 2013 By Al Rowaad Advocates & Legal Consultancy
Therefore, parties wanting to enforce an award under the New York Convention must satisfy the requirements of the UAE Civil Code. In practice, enforcing arbitration awards can be a lengthy and unpredictable process.
September 24, 2013 By Al Rowaad Advocates & Legal Consultancy
As per the arbitration rules and as per the civil rules in the UAE, the arbitration rules shall be governed by the Terms of Reference. Terms of Reference is a document used within international arbitration law.
September 17, 2013 By Al Rowaad Advocates & Legal Consultancy
An arbitrator can be appointed; directly by name (this is not the common method used), through the Court or through the Arbitration center. If you agree for the Court or Arbitration center to appoint an Arbitrator you need to make an application.
September 9, 2013 By Al Rowaad Advocates & Legal Consultancy
The UAE has rapidly emerged as a leading financial center, attracting large global investors and businesses, and as international developers and contractors continue to invest in construction projects, there has been an increasing trend in the use of arbitration in Dubai.
July 31, 2013 By Al Rowaad Advocates & Legal Consultancy
The provisions of the Company Law concerning liquidation are to be applied unless the company’s Memorandum or Articles of Association provide a specific procedure for its liquidation, upon resolving the company’s dissolution an agreement is reached between the partners as to its liquidation-n procedure.
July 31, 2013 By Al Rowaad Advocates & Legal Consultancy
Companies incorporated under provisions of Company law in a specific form may be changed to another type, after satisfying the legal requirements under Company Law. (Company Law, Part Nine, Chapters 1 & 2, Arts. 273-280, Part Ten, Chapters 1 & 2, Arts. 281-312)
The decision to amalgamate the companies should be made in accordance with the provisions adopted for the amendment of the Memorandum and Articles of Association of the company, and will only be valid subject to the approval of the Competent Authority specified in the Company Law for that type of company.
The dissolution of a company can result in its termination.
The Commercial Companies Law covers the formation and regulation of Branches and Representative Offices of foreign companies in the UAE, and stipulates that they may be 100% foreign owned provided that a local service agent is appointed.
July 15, 2013 By Al Rowaad Advocates & Legal Consultancy
Whether there is a need to restructure a business, to protect assets or simply develop an international presence for a business, one of the ways of doing so, is by opening an Offshore company.
July 2, 2013 By Al Rowaad Advocates & Legal Consultancy
Futures and Derivatives Trading To perform as a trader (broker) of commodities in the UAE the company (a legal entity incorporated according to the UAE law or foreign company incorporated outside the UAE) needs to carry out the necessary procedures to obtain a membership from DGCX (Dubai Gold and Commodities Exchange).
June 11, 2013 By Al Rowaad Advocates & Legal Consultancy
The growth of international businesses in Dubai has made it a major commercial hub for global institutions and companies. The articles below provide an insight into the different types of business organizations in Dubai, and the processes involved in the dissolution, amalgamation, transformation and liquidation of businesses.
April 16, 2013 By Al Rowaad Advocates & Legal Consultancy
When child custody disputes arise between parents non-UAE nationals resident in the UAE, whether married to a UAE or non-UAE citizen, may file custody cases in the UAE.
The investors establishing their businesses in the UAE should consider various legal aspects, before any investment decisions to avoid any future legal implications.
Real estate investors to soon get shot in the arm if developers fail to deliver. The Real Estate Investor Protection Law, which was highly expected to be issued this year, will now be released during the first quarter of 2013, a senior Dubai Land Department (DLD) official has said.
The protection of consumer rights is one of the great responsibility of UAE Government. By availing these services the consumers can save their money and time through long court litigations while having cost effective and prompt justice for them through dispute resolution proceedings.
Family article on husband and wife rights under Shariah Law. There are specific rights designated to Husband and Wife under Shariah Law. Overall, the rights cover the following categories: a) Exchange of rights between husband and wife; b) Husband’s rights on wife; and c) Wife right’s on husband.
Sadly a great number of children are abandoned in the United Arab Emirates each year. Most likely this is as a result of young mothers being fearful of the repercussions of bearing a child outside wedlock. It is a criminal offence in the United Arab Emirates to have a sexual relationship outside marriage.
Marriage contracts usually take a standard format, however special conditions may be added into marriage contracts. Such special conditions can provide different rights to either of the parties, but we have seen a prevalence of conditions which focus on giving the wife additional rights.
Custody laws in the United Arab Emirates are mainly transcribed in Federal Law No. 28 of the year 2005 (UAE Personal Affairs Law), and I will refer to these articles in covering the Court’s discretion in family law issues. A recent custody case at our firm shows some of the reasons behind a final decision proffered by the Court of Cassation. A married couple living agreed to a mutual divorce in 2004, and filed accordingly in the Family Court.
Many family law cases in the United Arab Emirates follow Federal Law No. 28 of the year 2005 (UAE Personal Affairs Law), to which I will be referring to in this blog, to determine which parent is awarded custody. In this particular area of law, the Court is awarded a great deal of discretion, but it is important that their decisions remain consistent. Normally in child custody cases, the Court’s consistently award custodianship to the parent that will best serve the child’s needs.
The Community Development Authority (CDA) of Dubai has recently drafted a new child protection policy, which protects children, investigates abuses against their rights, and provides government services to families and children believed to be in danger.
The vast deserts, the bustling cities, and the enormous skyscrapers of the United Arab Emirates eclipse the comprehensive legal system that accounts for the everyday workings of daily life. For those living in the country and those that understand the ins and outs of the system, it is a magnificent organism that details the protection of its inhabitants.
In this day and age, with easy access to travel, parental child abduction has become increasingly widespread. Parents forum shop for the perfect place in order to the keep their child. The United Arab Emirates happens to be one of those places.
Dubai is a well-respected pathway to the East, and since it became a financial hub, companies that engage in all types of business activities are now looking to establish a presence here. Dubai has over ten freezones, which provide international investors with the opportunity to expand into the Middle-East and beyond.
Dubai is a well-respected pathway to the East, and since it became a financial hub, companies that engage in all types of business activities are now looking to establish a presence here. Setting up a Local Company is an excellent way to enable you to have a presence in Dubai as well as operate within the local jurisdiction.
The dissolution of a marriage is a legal act that may not coincide with the emotional tearing asunder. Divorce is typically a painful process for all concerned. While it can take adults time to regain psychological equilibrium, there is also a threat to be involved in a court proceeding claiming for compensation for children’s maintenance and support. However different jurisdictions have different solutions to the issue. In this article we will describe the question under Dubai and UAE Law.
Some Employees do not know their rights upon the termination of their employment contracts, so the issue has to be carefully considered. Introduction - This article shall elaborate on the duties employer’s regarding registration of employees and the rights of employees after the termination of their labor contracts in the UAE.
By Fichte & Co
The first non-DIFC case has now been heard in the DIFC Courts’ Small Claims Tribunal. The matter concerns the non-payment of an invoice between two Dubai-based companies. SCT can hear claims up to 500,000 AED. Procedures are in English and 90% of cases get settled in three weeks. The DIFC Courts provides a cost-effective forum, especially for SME's. SME’s should contact a lawyer to assist when the disputed amount is at high end of the cap.
Know your Rights: 5 laws that expats should know
Know your rights: 5 criminal laws every Dubai expat should know.
Know your rights: 5 criminal laws every Dubai expat should know.
In every culture and ideologies all around the world, people believe in the sanctity of marriage and family, as meant for life. The Prophet of Islam is reported to have said ''marriage is my Sunna and those who do not follow this way of life are not my followers”. Imam Sadiq (AS) stated: 'Get married but do not divorce, because a divorce would tremble the Arsh (empyrean) of Allah'."
A consumer is a user of goods and services; hence, every producer could also be termed as a consumer. However, conflicting interests have categorized them, inevitably, into two different groups.
Property development is one of the most lucrative businesses in UAE. Due to the influx of foreigners, demand for real estate properties is ever increasing. The UAE government has introduced new rules for developers, in order to secure the investors purchasing properties in UAE. All Developers are now required to be registered with the Dubai Lands Department, subsequent to which, escrow or trust accounts are required to be established with authorized banks of UAE.