Understanding of the Abu Dhabi Family Courts and the role of UAE family law:

Family relationships are integral to society, and, commonly, familial disputes arise. It needs a quick legal resolution that requires greater legal oversight and sensitivity. 

Abu Dhabi is the capital of the UAE, offering endless opportunities. They have a robust and structured legal framework to support their economy. 

Family Issues in Abu Dhabi

UAE federal laws and local judicial interpretations primarily govern family laws in Abu Dhabi. The primary source of law is discussed below:

• The Federal Law No. 28 of 2005 on UAE Personal Status Law regulates family matters such as divorce, marriage, child custody, inheritance, alimony, guardianship, and other family-related issues. 

• It caters to the Muslim residents in Abu Dhabi. The family law is based on Sharia principles or Islamic law that uphold the religious and social values. 

• Secondly, the Federal Decree-Law No. 41 of 2022 on Personal Status Law for Non-Muslims was introduced to cater to the requirements of non-Muslim residents. 

• The law offers various options for marriage, divorce, inheritance, child custody, guardianship, and other related matters. It is based on civil laws and the best international standards. 

• The Federal Law No. 5 of 1985 concerning Civil Transactions Law offers additional cover. It contains the provisions for contractual obligations, property, and financial disputes related to family issues. 

The Legal Structure of the Family Courts in Abu Dhabi:

The Abu Dhabi Family Courts normally operate under the Abu Dhabi Judicial Department (ADJD). The courts are designed to provide an accessible and efficient legal procedure. The primary goal is to resolve the family disputes in a decent manner. The Family Guidance Section is present in Abu Dhabi. Before filing a legal case, the parties are requested to attend the compulsory family counseling sessions. 

The meetings are held at the Family Guidance Section. They tend to promote out-of-court settlements and look for an amicable settlement of family disagreements and disputes.

If the mediation fails, the legal case proceeds to the Court of First Instance. The legal arguments, sufficient evidence, and documentation are presented to judges and juries. They will thoroughly review and issue the decision based on applicable family laws. 

Unhappy contenders can contest the court decision in the court of appeal. Any of the parties is free to escalate the matter to the Court of Appeal. The judges will review the potential errors, misapplication, and the evidence to draw the conclusions. 

The Court of Cassation is the highest court of Abu Dhabi. They ensure the legal principles are honored while drawing conclusions. The laws must be properly applied, and the lower courts’ decisions must be aligned with UAE federal and local laws.

Family Laws for Non-Muslims in Abu Dhabi:

Abu Dhabi has introduced progressive legal reforms to accommodate the non-Muslim population in the Islamic society. A modern policy is chosen to inculcate them into society while offering them liberation and inclusivity at the same time. 

The Federal Decree-Law No. 41 of 2022 permits non-Muslims in Abu Dhabi to handle family matters under civil law. They can choose civil laws over Islamic laws. 

Some of the key provisions for Non-Muslims in Abu Dhabi are as follows:

Non-Muslim residents can easily enter into civil marriages in Abu Dhabi. They are registered at the Abu Dhabi Civil Family Court. Now, non-Muslims don’t have to rely on Sharia principles to get married.

Another amendment in the law is regarding the ‘No-Fault Divorce’. Any of the parties can freely apply for divorce without giving strong reasoning or proving the other’s wrongdoings. 

It simplifies the legal process and makes divorce much easier. Also, it expedites the divorce proceedings and makes it relatively easier to part ways.

Under the recent reforms, the concept of Joint Child Custody is encouraged. It promotes the concept of equal and even sharing of a child’s responsibilities. It also helps in maintaining a healthy relationship with children after divorce.

The non-Muslims in Abu Dhabi can opt for equal Inheritance Rights. It is based on civil laws rather than Sharia laws. 

Expatriates are unaware of the UAE family laws. The law firms in Dubai can provide them with invaluable legal services to protect their rights and also assist them in navigating the legal options. 

The family dispute is often complicated, and the Abu Dhabi lawyers can assist the parents with the child custody cases. 

They also assist the spouses with marriage and divorce proceedings. Family Attorneys in Dubai are familiar with the applicable family laws. Dubai law firms help to choose the most appropriate legal path for their circumstances.

Frequently Asked Questions (FAQs)

1. Can expatriates apply for the foreign family laws in Abu Dhabi?

Yes, the expatriates are permitted to request the family laws of their home country, but it is attached to certain terms and conditions.  It normally happens in cases of marriage, divorce, or inheritance. 

Moreover, the UAE courts may apply the local laws if foreign laws conflict with local laws. It is suggested to consult a well-versed family lawyer in Dubai. He will assist in exploring the suitable options.

2. Is joint custody possible in Abu Dhabi in case of children of divorce?

Yes, joint custody is promoted under the new Federal Decree-Law No. 41 of 2022. 

However, it is specifically applicable to non-Muslim residents of Abu Dhabi. 

On the contrary, the Muslim residents rely on Sharia law for custody arrangements. In this situation, the court prioritizes the child’s well-being and a better future.

3. How long does a divorce case take in Abu Dhabi?

The duration of a divorce usually depends on the case. However, it caters to the nature of the dispute, the complexity of the dispute, the parties’ willingness to cooperate, and much more.

4. Is it necessary to seek legal representation in a divorce case in Abu Dhabi? 

It is often highly advised to seek guidance from law firms in Dubai. They have competent family lawyers and attorneys in Dubai and Abu Dhabi. 

Abu Dhabi family lawyers ensure timely management and make sure that legal procedures are followed. The efforts made for an amicable settlement between the spouses are followed.