- Legal Articles
- Ask Elhais
February 24, 2016|
Following a No Objection Certificate from the Family Guidance committee, the parties can file their family case in the Dubai Courts. In the second part of the of the guide through family court proceedings, we shall be outlining some of the common mistakes made by parties while entering into settlement agreements due to the absence of a competent attorney and sound legal advice.
We have experienced that some parties sign the settlement agreement without taking advice from a specialized lawyer, and this has led to some very serious repercussions for the parties and their future. It is prudent to mention here that such settlement agreements cannot be amended unless both parties consent to the amendment. Below are some of the most common adverse outcomes of signing without a lawyer:
Some of the agreements are worded in a manner that says "it is agreed that the custody of the children is given to the mother". The husband signs on this clause presuming that his custody shall belong to mother due to the ages of the children (13 for a female child and 11 for a male child) because the children are under age.
The two tricks are:
Firstly, less access to the child with the above clause, since the father has not restricted the mother's custody of the children based on their age, it is presumed that even after the ages of 13 and 11, the kids shall remain with the mother, since the father has waived his right to custody. This shall limit the father's contact with the child as it is more challenging to get custody following such an agreement.
For more information on what precautions to take or what steps to follow in the event of such an agreement, please contact your lawyer.
Secondly, additional Financial Liability. If the mother retains the custody of the child from the ages of 11 or 13 up to 21 years of age, the father shall be liable to pay the child maintenance for that additional period of time which could be up to 10 more years, without the complete information from the mother on where the money is spent.
Although according to article 110 of Law no 28 of 2005, the right of custody cannot be waived, nevertheless, agreement to certain conditions in the settlement agreement makes the claim more challenging as the court is well within its right to refuse the removal of such clauses from the contract.
Knowledge of Law; another problem which might surface would be one of the parties claiming that they were unaware of the laws of the UAE as this is a foreign o\country to them.
This is also why it is recommended that both parties seek sound legal advice before entering into such settlement agreements in the Family Court as it could have a serious effect on their future rights and obligations towards the other party.
Copyright © of this article is retained by the author and/or other copyright owners. We explicitly grant you permission to download a copy, without any alteration, of this article for personal non-commercial research or study, without prior permission or any charge. This article can be utilized on your website or for marketing, however, we grant you permission to host this article on your website and no other rights. This content should not be altered in any way or sold commercially in any format without prior permission of the copyright holder. During reference of this article, full biographic details entailing the name of the author, his designation, the institute and the publishing date of the article shall be provided.Want to know more? Then talk to us.
I owe the success of my case to Dr. Hassan's diligent approach. He remained focused, put me at ease and always went the extra mile. Dr. Hassan tirelessly put my case in the best possible light and I cannot thank him enough. I would highly recommend Dr. Hassan - I am grateful to him from the bottom of my heart.
Dr. Hassan Elhais is among the best legal consultants I have ever worked with. He has an amazing ability to reduce complex issues into a simple concept that non-legal people can understand. He consistently develops innovative litigation strategies that help us to achieve our ultimate legal goals.
...the extraordinary effort that has been exerted by the staff, and we specially thank Dr. Hassan Mohsen Alhais. Wishing your continues success & excellence...
I believe everyone should recognize what a difference Dr. Hassan Elhais work has made to people's lives; and especially to our family's life, because we will remain forever grateful to each and every one of his team.
Dr. Hassan Elhais never fears cases that involve exposure and he always gives me his honest assessment of our chances of success, which is invaluable to me.
He aided us not only in providing legal advice but also in all legal issues that required a long term strategic approach to achieve most favorable and optimum outcomes he provided us with high level of professional service.
Dr. Hassan Elhais is a responsible, reputable counsel who operates to high levels of service.
Dr Hassan Elhais is responsive, thorough and creative with his advice, and is a valued advisor and legal consultant.
Regardless of the complexity of the matter I know Dr. Hassan Elhais will consider not only legal strategy but also business practicalities in providing advice and litigation options.
I recommend Dr. Hassan Elhais to anyone who says 'I'm in legal trouble'. I was extremely satisfied with the high standard of his work. He has always been there when I have needed him and I refer all my clients, family and friends to him/his firm.
Dr. Hassan Elhais was very professional and he listened to my needs. He was very prompt, efficient and always kept me informed. Dr. Hassan Elhais's service was excellent and I would definitely recommend him to friends and colleagues.