International Trade Family Law

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Reciprocal enforcement of financial orders

The UAE is not a signatory to REMO. Nevertheless, foreign financial orders can be enforced within the UAE however, there can be difficulties as set out below. Enforcement of a foreign order initially requires the commencement...more

Golden Advice for Husbands to Reduce Risk of Financial Claim

Here is a list of golden rules that the husbands may wish to follow, should they need to protect themselves against financial claims by the wife....more

Marriage Dissolution

The dissolution of a marriage is a legal act that may not coincide with the emotional tearing asunder. Divorce is typically a painful process for all concerned. While it can take adults time to regain psychological...more

FinCEN Issues Advisory on Jurisdictions with AML/CFT Deficiencies

The Financial Crimes Enforcement Network (“FinCEN”), an agency within the U.S. Treasury Department, has put forth an Advisory on the FATFIdentified Jurisdictions with AML/CFT (Anti-Money Laundering/Combating the Financing of...more

When the Wall of Secrecy Collapses

Foreign Accounts, Shell Companies, Blind Trusts, Asset Protection Trusts, Offshore Trusts, Global Citizenship and US Residency are just a few of the Terms highlighted in the mega divorce proceedings of a Palm Beach County...more

Custody Battles

Hassan Elhais, Legal Consultant at Al Rowaad Advocates and Legal Consultants, Femina ME’s guest columnist continues with last month’s topic, that is, child abduction by a parent. Last month he spoke about the various...more

International Abduction

Briefly summarize the position in your jurisdiction. The UAE is not a signatory to the Hague Convention. Within UAE laws, there are no statutory provisions specifically dealing with child abduction. ...more

Finance Capital Property

What powers does the court have to allocate financial resources and property on the breakdown of marriage? The court will not automatically consider the financial position of a separating couple unless an application is...more

Family Law - Custodial/Parental Responsibility

Custody/ Parental Responsibility - Briefly explain the legal position in relation to custody/ parental responsibility following the breakdown of a relationship or marriage....more

Family Dispute Resolution: Mediation, Collaborative Law and Arbitration

Briefly summarize the non-court based processes available in your jurisdiction and the current status of agreements reached under the auspices of mediation, collaborative law and arbitration....more

Divorce, Nullity and Judicial Separation

Recognition of Foreign Marriages/Divorces - In order for a marriage contracted outside the UAE to be recognized, the marriage certificate should be legalized by the Ministry of Foreign Affairs in the country in which the...more

2016 Year-End Estate Planning Advisory

In 2016, we continued to experience a period of relative stability in our federal transfer tax system and have been able to plan without expecting imminent significant changes to the system. Under the American Taxpayer Relief...more

Divorce Case Spanning Continents Spawns Discovery Sanctions For Company’s Failure To Produce Documents Physically Located Abroad

The Eleventh Circuit affirmed a district court’s order compelling discovery and awarding contempt sanctions after a man refused to answer discovery requests and defied orders requiring production of documents in a divorce...more

Divorce in the United Arab Emirates

For Muslims in the UAE, divorce is the cancelling of the valid contract of marriage between the parties. The divorce can be commenced by the husband, or by the wife if her husband gave her the right to do so (Isma’) in the...more

Family Court Process

1. Statement of Claim - The statement of Claim is drafted by the Claimant or the lawyer. The statement of claim has to be in writing and in the Arabic language. The statement of claim should include the names of the...more

Hague Convention Only Considers One Habitual Residence of a Child

When a child is removed from or retained in a country that is not a child's habitual ­residence a parent can seek to have the child ­returned to their habitual residence country under the Hague Convention on the Civil Aspects...more

Validity of Pre and Post: Nuptial Agreements

What are the main jurisdictional requirements for the institution of proceedings in relation to divorce, property and children? There are a number of exceptions, but in general, the Courts of First Instance (the lowest...more

Special Conditions in the Marriage Contract

Marriage contracts usually take a standard format, however special conditions may be added into marriage contracts. Such special conditions can provide different rights to either of the parties, but we have seen a prevalence...more

Jurisdiction and Conflict of Law

1. Sources of Law - 1.1 What is the primary source of law in relation to the breakdown of marriage and the welfare of children within the jurisdiction? Dubai is one ‘Emirate’ within the ‘United Arab Emirates’....more

Husband and Wife Rights under Shariah Law

Family article on husband and wife rights under Shariah Law. There are specific rights designated to Husband and Wife under Shariah Law. Overall, the rights cover the following categories: a) Exchange of rights between...more

Family Law - Jurisdiction

What are the main jurisdictional requirements for the institution of proceedings in relation to divorce, property and children? There are a number of exceptions, but in general, the Courts of First Instance (the lowest...more

We’re Married! Let’s Move to the U.S.! – Bringing Your Foreign-Citizen Spouse Into the U.S. (July 2020)

It may be surprising, but moving to the U.S. with your foreign-citizen spouse is not as simple as you might imagine. If you are a U.S. citizen working abroad and considering moving back to the U.S. with your foreign-citizen...more

Childs Best Interest in the United Arab Emirates

Many family law cases in the United Arab Emirates follow Federal Law No. 28 of the year 2005 (UAE Personal Affairs Law), to which I will be referring to in this blog, to determine which parent is awarded custody. In this...more

Child Protection Law in the United Arab Emirates

The Community Development Authority (CDA) of Dubai has recently drafted a new child protection policy, which protects children, investigates abuses against their rights, and provides government services to families and...more

Who Has Child Custody Jurisdiction

The decision in Margain vs. Ruiz-Bours [1] provides some insight into the workings of the Uniform Child Custody Jurisdiction and Enforcement Act ("UCCJEA") as adopted by Arizona in Title 25, Chapter 8, Articles 1 through 3. ...more

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