Avoid legal worries by hiring a lawyer well-versed in UAE law

As court cases related to family issues increase, so does the confusion among expats on how the law in the UAE differs to that of their own country.

The first step to take when caught up in a family legal matter is to hire a family lawyer.

Stefania Franchini, attorney and partner at The Legal Group (TLG) law firm, says, “A family lawyer takes care of all issues regarding the custody of a minor. Marriage, divorce and inheritance are other main points.”

Expats often cite the law in their own country when arguing a case. However, while the UAE court may listen and even consider the argument presented, the final decision depends on whether the foreign law is compliant with Sharia law – the legal framework based on the beliefs and teachings of Islam.

Getting married

Expats can get married at their consulate office here in the UAE and then register the marriage in their own country.

“In case of a divorce, they can file it directly in their country. Sharia law will only be applied in cases where the couple decides to go to Sharia Court.

“If both parties are Muslim and from another country but are staying here in the UAE, they can also apply for divorce in their own country. Sharia law is the same in all countries, and only a few administrative rules are different,” says Stefania.

Dealing with divorce

Expats who are thinking of getting a divorce must file in the country where they got married. A man can still opt to keep his ex-wife under his visa upon their return to the UAE.

Custody of their children will depend on the conditions agreed upon by the couple and as endorsed by the judge who handles their divorce proceedings.

Stefania says, “Every country has its own rules. In Europe, for example, a family court judge usually establishes that children must or can spend alternate weekends and Christmas holidays with their mother and their father.

“All expat parents, even non-Muslims, who file for a divorce in their own country should apply the rules established by the judge.

“Local UAE law cannot interfere in the terms and conditions of the divorce as the whole process was conducted in the home country of the couple.”

Safeguarding your assets

Some expats have a will drafted in their home country to protect their assets and heirs.

However, Stefania advises foreigners to also draft a will that is compliant with Sharia law and certified in the UAE to avoid legal troubles in the future.

One practical suggestion is for married couples to maintain separate bank accounts.

“The law says that in the case of death, all assets of the deceased are frozen,” says Stefania. “This can go on for weeks or even months while the bank checks to see whether the deceased has any outstanding loans or debts.

“If this happens, the surviving partner won’t have access to the account and it will be a challenge to get by if they are solely dependent on it.”

She adds, “Keep in mind that a will safeguards only movable assets such as cash, cars and jewellery. Immovable assets such as houses are more complicated so it’s better to consult with a lawyer before purchasing one.”

Protecting your children

In the case of single parent expats, their Sharia compliant-will must name a UAE-based guardian who will temporarily oversee the welfare of their children in the event of their death.

“I always suggest mentioning two guardians who are living here in the country,” Stefania advises. “It doesn’t matter if they are relatives or not, but of course, the children should know the people named in the will.

“The guardian must prove they are financially, emotionally and mentally capable of looking after the children while waiting for relatives from abroad to arrive and collect them.”

Family-related legal issues are normally quick to resolve in the UAE although it depends on the factors involved, according to Stefania.

“If it’s a divorce between two Muslims, it can be fast but it depends on the agreement between the parties, particularly if there’s children involved. Regarding death and inheritance, this can be resolved in a few months – but again, it varies between cases.”

Stefania advises clients to consult two family lawyers to hear what they have to say.

“Go for the one who gives you the better advice and someone you feel is widely knowledgeable about your issue,” says Stefania.

For more information on The Legal Group contact: 02 694 8534 www.tlg.ae 

Ferdinand Godinez