محامي احوال شخصية – S & S Lawyers (مكتب الدكتور صقر المرزوقي للمحاماة و الاستشارات القانونية)

Divorce Proceedings in the UAE | According to Lawyers from Sharjah

webtech — Wed, 28 Feb 2024 07:18:31 +0000

You are an expat woman with two kids, you and your husband have come up with a decision to break off your marriage because things are not working out anymore and you have talked about it for a very long time now. But you don’t know what will happen to your children and your shared properties once the separation happens, and you are confused about actions to take as you do not know the rights of a divorcee in the United Arab Emirates.

The United Arab Emirates comprises over 200 different nationalities which is 84% of its total population. Expatriates should not be surprised when they find out that local divorce law in the UAE is substantially different to the law of their home country as it reflects local culture and tradition and is based on Islamic Sharia Law (most heavily influenced by Egyptian Law).

Where can I start divorce proceedings?

Jurisdiction is what they call it, It is the court’s ability to accept an application for divorce. And for expats, there is usually a choice of jurisdiction in which a divorce may take place after considerations of the husband or wife’s place of birth, the country in which they have lived and settled for a period of time or the local UAE court.

To apply for a divorce, it is important to take note that you should be of sound mind and be able to make your own choices. Couples meeting a counselor to attempt to resolve their existing issues should also be one of the first steps they should take before they proceed with the divorce.

Both parties will need to draft a settlement agreement, which doesn’t necessarily need to adhere to UAE laws nor Sharia principles but can instead be based on terms mutually agreed by the parties and once the conciliator agrees with the terms of the settlement agreement, the parties sign it before the conciliator before the judge executes it. The parties also obtain the certificate of divorce and the attested settlement agreement at this time.

And if they fail to reach an agreement, the conciliator will provide the claimant with a referral letter that indicates to proceed before the First Instance Court.

How long will divorce take?

Usually, if the parties are able to reach an agreement in respect of the divorce, arrangements for children and finances, the entire process can be concluded within three months. And divorce proceedings in the UAE are considered quicker than in most western jurisdictions. And if the divorce parties cannot reach an agreement, the litigation can continue for well over a year or more.

What will happen to the shared assets and debts?

There is no UAE law applicable to the allocation of assets following a marital breakdown but financial outcomes vary dramatically depending on where the divorce is initiated or the type of situations. Judges generally uphold the principle that each party retains the assets held in their respective names and the joint assets such as bank accounts, properties and shares are divided equally to both parties or according to the percentages presented in the evidence.

What happens to the children following divorce?

Children are always the ones taking the biggest hit with the separation of the parents.

According to Federal Law No 28 of 2005 for Personal Affairs, the biological mother of the child is the custodian and the father is the guardian. Custody involves day-to-day care of the child, which is usually granted to the mother without interfering with the right of guardianship awarded to the father.

A custodian is an individual who takes care of the child on a day-to-day basis and has physical custody of the child while a guardian is someone who is responsible for providing financial support, taking care of education, travel and general upbringing of the children.

The right of the custodian upon the male child reaches the end point when they hit the age of eleven, and for when the female child reaches the age of thirteen unless the court believes that the extension of the custody is in the children’s best interest. And again, the mother is entitled to the custody of the children during court proceedings, unless the judge believes that such custody is not in the interest of the child.

Conclusion

The information above is not intended to be specific legal advice and the content is merely indicative and is subject to change based on the government’s decisions. We recommend you to seek specific advice from an experienced lawyer to know whether the UAE is the appropriate jurisdiction to go through the divorce proceedings, with a list of factors in mind concerning assets, agreements and with the best interests of the children.

Divorce proceedings can be stressful to both parties involved as well for the children, so if you need specific guidance and assistance in such matters, do not hesitate to talk to S & S Lawyers via (06) 5305559 as we have specialized legal professionals and consultants based in Sharjah, United Arab Emirates that can massively help you during these hard times.

The post Divorce Proceedings in the UAE | According to Lawyers from Sharjah first appeared on S & S Lawyers (مكتب الدكتور صقر المرزوقي للمحاماة و الاستشارات القانونية).

2024 Ramadan Dates Revealed. A Possible 6-Day Break for Eid Al Fitr in UAE?

webtech — Wed, 21 Feb 2024 07:21:55 +0000

What is Ramadan?

It is a whole month of abstaining from food, drink and impure thoughts between the horse of sunrise (Fajr) and sunset, this act allows an individual to be able to understand the pain and suffering of millions around the world who live their lives in poverty and famine, which will leave the participant feeling more grounded and grateful for all that Allah (swt) has given them in life.

Ramadan is not just a month of fasting and abstaining from things considered to be impure for the mind and body, it is a time for self-reflection and closeness to Allah (swt). After this one whole month, Eid will then come to the picture.

What is Eid Al Fitr?

This is the time after the Ramadan for feasting and celebration of muslims, with gifts exchanged between loved ones. This marks the end of the month-long-dawn-to-sunset fasting of Ramadan and is often called “Festival of Breaking the Fast”.

The timing of Ramadan and Eid Al Fitr is different every year as it is based on the lunar cycle. It does not begin until a new moon is seen, which means it starts at different times for different muslims around the world.

When is Ramadan and Eid Al Fitr 2024?

The holy month is estimated to start by Tuesday, March 12, according to the astronomical calculations and the Islamic Festival “Eid Al Fitr” may be a six-day holiday for residents. If we look at the astronomical calculations, March 11 is the time when the Crescent Moon is quite visible to the naked eye in many regions, which suggests that March 12 is most likely the start of Ramadan.

If this is really the case, Ramadan 30 will fall on Wednesday, April 10. As per the list of holidays announced by the UAE government for public and private sectors, residents will get a break from Ramadan 29 till Shawwal 3 to celebrate Eid Al Fitr.

A total solar eclipse will be seen on April 8 though,where the Moon will cover the Sun, casting a shadow on Earth which raises concerns that the celestial event would affect the sighting of the Moon to determine the dates of Eid Al Fitr.

Weather Changes in UAE During Ramadan

Typically, the weather in UAE during Ramadan is “warm to hot” with increasing temperatures with days passing by.

The daily routine of the residents during the holy month will be different than the rest of the year, with work hours and school schedules and paid parking hours adjusted.

Reduced work hours applies to both fasting and non-fasting employees as this helps employees be part of the month’s spiritual activities and cultural practices with the government typically announcing the actually reduced working hours for both the public and private sectors. Expect a two-hour reduction in your workday, with Government offices often closing early, working hours for public sector employees reduced to six instead of the usual eight hours.

During this month, most schools will be closed during the first three weeks of the holy month. Institutions will be closed for either the spring or end-of-term break around this period.

Paid Parking, Stores and Restaurants

Paid parking hours will be modified depending on the city in the UAE which will be announced closer to the holy month. Last year, Sharjah applied fees from 8am to midnight Saturday to Thursday.

While there’s no requirement for non-muslims to avoid eating and drinking in public during the day, an individual is recommended to choose to do so out of respect for those participating in the fasting month.

If you need a legal consultation, do not hesitate to call our legal professionals here at S & S Lawyers via (+971) 06 530 559 or explain your legal situation to us through email: info@2s-lawyers.com .

The post 2024 Ramadan Dates Revealed. A Possible 6-Day Break for Eid Al Fitr in UAE? first appeared on S & S Lawyers (مكتب الدكتور صقر المرزوقي للمحاماة و الاستشارات القانونية).

2024’s UAE 3 New Rules To Know About

webtech — Thu, 18 Jun 2015 13:18:31 +0000

They said that change is the only constant thing in the world, and so the UAE makes necessary changes to its law and make the living of Emiratis a little bit better. And each year, introducing new rules isn’t totally out of the picture. Below, we’ve listed the 3 new rules that the UAE introduced that you should definitely be aware of.

1. Emiratisation

This new law is known to be the highest priority of the United Arab Emirates right now. The new law is aiming to balance the number of Emirati workers in the private sector, as it is making up merely 4% of the workforce. Last year, it was ensured that companies employing 4% of their skilled workforce are Emiratis.

The goal of this new rule is to achieve at least a 10% increase in Emiratisation of the skilled workforce by 2026 in the United Arab Emirates.

Penalties for failing to meet the prescribed Emiratisation quotas have been established for different sectors, with respective amounts of fines for how often the violation is made.

First Offense: AED 100,000 fine is faced by a company for failing to comply with the new rule.

Second Offense: Failing to follow the Emiratisation target for 2 years straight will cause an increase in penalty to AED 300,000

Third Offense: For the third or subsequent violation of the Emiratisation targets will cause companies to face higher to AED 500,000

Recently, a manager of a dubai-based company has been fined AED 100,000 after violating the Emiratisation rule by defrauding the Nafis programme of providing government support to Emiratis costing AED 5,000. The manager allegedly employed two female Emiratis using two work permits for a purpose that was not intended for its issuance.

2. Single-Use Plastic Ban

Plastic bags are one of the most problematic kinds of waste, as it takes decades to degrade and microscopic particles have been found inside the bodies of animals. Plastics are continuously polluting streets and waterways, as well as harming birds and marine life.

Dubai and Sharjah, United Arab Emirates started the year of 2024 by implementing a country-wide ban on the import, production, and trading of single-use plastic shopping bags, this specifically means that supermarkets that sell plastic bags for AED 0.25 should be stopped and move towards paper bags, or reusable bags.

Abu Dhabi’s June ban has already led to 87 million fewer single-use plastic bags being used which was a cut of about 90%.

This is all part of the national sustainability drive and in two years time, the plastic ban shall also cover other products like cups, plates, cutlery, containers and boxes which includes spoons, forks, knives, chopsticks, stirrers and straws.

3. Labor Market Make-over

MOHRE is on its goal to act and make things fair, clear, honest and neutral when it comes to labor rules. Disagreements between workers and employers in private sector companies that are amounting to less than AED 50,000 will be dealt with by the Ministry without the involvement of two parties.

This new dispute resolution has given MOHRE more authority than before, making it an ultimate decision maker for employment disputes below AED 50,000.

The United Arab Emirates continuously make amendments in their existing laws as well publishing new laws that can make the life of Emiratis more better. These new rules and regulations shall be followed by the people in the country to avoid legal troubles in the future.

The post 2024’s UAE 3 New Rules To Know About first appeared on S & S Lawyers (مكتب الدكتور صقر المرزوقي للمحاماة و الاستشارات القانونية).