Processes of the Family Court in UAE

By Hassan Elhais, United Arab Emirates
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The court system can be very overwhelming for anyone not accustomed to it – particularly when it comes to the family court when disputes are generally very emotionally stressful.

Below we look at some of the important procedures and stipulations of the court.

Use of Mediators

Mediators are court-appointed professionals who are assigned to communicate between the two parties in dispute. The initial step these mediators will take will be to see if there is any chance of reconciliation or an out-of-court arrangement, in keeping
with the primary importance of maintaining family units in UAE society.

The mediators will speak with the individual parties to ascertain the reason for the case, the background and the context. They will ultimately seek a resolution to a divorce claim and it is their task to see whether a happy reconciliation will be possible.

If they are successful in their task, they will submit a report to the family court. The parties will still have time in court to argue against the recommendations and provide their own counter-evidence.

However, if divorce is the recommended course of action the judge must follow this recommendation. The mediator’s report may also contain further recommendations for issues like compensation or settlement, but these aspects can be appealed at a later date.

In cases where a divorce proceeds with the will of both parties and mediators prepare a document with agreed terms of settlement and custody, the judge will still review these recommendations before issuing a judgment. Once a judgment is issued, the recommendations become legally binding.

Acceptable Evidence

Acceptable forms of evidence admitted by the courts have evolved to reflect the changing nature of technology and its place in people’s interactions. Generally, all written forms of correspondence exchanged between the two parties in question will be admissible as evidence. That includes – but is not limited to – letters, emails, text messages, and other social media messaging.

Mr. Hassan Elhais, along with his team of legal consultants and prominent local lawyers across the UAE, has made a name for himself as a renowned specialist in the fields of civil law, company incorporation, construction law, maritime law, banking law, criminal law, family law, inheritance law and arbitration.

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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.For specific technical or legal advice on the information provided and related topics, please contact the author.
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