- Legal Articles
- Ask Elhais
January 14, 2016|
Question: What are the laws governing family matters?
Answer: They are:
1) Federal Law No. 11 of 1992, which concerns matters of civil procedure.
2) The Law of Civil Transactions No. 5 of 1985.
3) Federal Law No. 28 of 2005, which concerns personal status matters. The personal status law was developed from traditional Sharia, and takes into account the changing needs of modern society.
The following articles relate to matters of family law:
Article 13: The law of the state in which the husband is a national at the time the marriage is contracted, shall apply to personal status and the division of property, resulting from the contracting of the marriage.
Article 16: Substantive matters relating to guardianship, trusteeship, and maintenance or other systems, laid down for the protection of persons having no competence, are governed by the law of the person requiring to be protected.
Article 18: Possession, ownership and rights over property.
Question: What are the main jurisdictional requirements for the institution of proceedings in relation to divorce, property and children?
Answer: There are several exceptions, but in general, the Courts of First Instance (the lowest tier of court) have jurisdiction in family cases filed against citizens or foreigners who are domiciled or resident in the UAE (following article 5 of personal status law and article 20 of the civil procedure law). In addition, a citizen or foreigner may commence a divorce in the UAE even if their spouse resides abroad, as long as the exact location is unknown.
Explain the concepts of domicile and habitual residence in relation to cases involving divorce, finances and children.
Domicile is defined as a place where an individual resides and sees 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.
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.