Archive for the "Legal" Category

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Arbitration Article Series III: Terms of References

As per the arbitration and civil rules in the UAE, the arbitration rules shall be governed by the Terms of Reference. The Terms of Reference is a document used within international arbitration law. Its main purpose is to ensure the fast and efficient progress of arbitration proceedings. The agreement is drawn and signed by mutual […]

Family Law – Children

Custody/ Parental Responsibility Briefly explain the legal position in relation to custody/ parental responsibility following the breakdown of a relationship or marriage. Parents do not share equal parental responsibility for the child. Following a divorce, the mother will become the ‘custodian’ of young children, and the father the ‘guardian’. The custodian is obligated to care […]

Nheritance Rules For Non-Muslims in the UAE

Although Article 17/1 of the Civil Code of the UAE provides that it is the law of the deceased that shall govern the inheritance at the time of his death, Article 17(5) of the same law provided that UAE law shall apply to wills made by aliens disposing of their real property located in the […]

Child’s Best Interest in the UAE

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 particular area of law, the Court is awarded a great deal of discretion, but […]

Family Law in the UAE: 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 of conditions which focus on giving the wife additional rights. One example of these special conditions gives the wife a right […]

Jurisdiction – Family Law in the UAE

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 particular area of law, the Court is awarded a great deal of discretion, but […]

Parental Child Abduction Article – United Arab Emirates

In this day and age, with easy access to travel, parental child abduction has become increasingly widespread. Parents forum shop for the perfect place in order to the keep their child. The United Arab Emirates happens to be one of those places. The UAE is not a party to the 1980 Hague Convention on the […]

Divorce in the UAE

The purpose of the Family Guidance Committee is to try and reconcile the parties before separating them under Article 98 of the Personal Status Law. The family guidance counselors are not legally trained, but have experience in mediation and counseling. For Muslims in the UAE, divorce is the cancelling of the valid contract of marriage […]

Failure to Diagnose and Treat Skin Cancers

When people think of skin cancers, they do not think of a condition that can be devastating or result in death. However, these cancers include conditions that if not properly and promptly diagnosed and treated can result in death. There are two general categories of skin cancers; melanomas and non-melanomas. The most common types of […]

Preparing For a Child Custody Hearing

Many times couples who are filing for divorce agree as to how the custody of the children should go, how much child support should be, and how visitation should be set up. Unfortunately, there are some couples who make these issues a major battleground and no matter how much mediation they go through there is […]