What You Need to Know About Family Law
Family law deals with family issues like divorce, marriage, adoption, and domestic partnership. Usually, family law involves parties who are related by blood or marriage but it also affects those in distant or casual relationships.
you and your loved ones can rest assured
Dealing with family crises
Since family law matters are so sensitive that it requires extra care with legal understanding. However, with the help of a trusted legal professional, you and your loved ones can rest assured of proper representation and protection in the legal process.
There are experienced family lawyers in Dubai, Sharjah, Abu Dhabi, and other emirates of UAE who take extra care while dealing with these family crises. They feel the seriousness and sensitiveness of the case and guide the persons involved accordingly.
In this article, we will guide you to better understand why you need a family lawyer and the legal process which follows in most family disputes.
Why Do We Need a Family Lawyer?
The most common reasons to hire a family law attorney include:
When it comes to the issues of divorce, the partners involve will hire a separate lawyer who will devise the best settlement plan in order to avoid trial. Also, divorce attorneys are skillful in sharing marital properties, evaluating spousal support, and preparing a plan for child custody, support, and visitation (if necessary).
Child Custody / Child Support
Court orders and settlement agreement that involves both child custody and support are normally included in larger divorce cases, however, they may be adjusted as the case progresses. For example, child support may be adjusted subsequently when the financial state of the non-custodial parent changes.
Paternity cases are mostly filed by the mother most times in an effort to secure child support payments from an absent father. Also, sometimes paternity is filed by the father in order to have a relationship with their child. Generally, DNA testing is what is used to determine paternity.
Adoption / Foster Care
Adoption or foster care is a complicated procedure, and differs according to the type of adoption, where the child comes from, the difference in state laws, and several other conditions. It’s essential to consult a family lawyer. However, sometimes people adopt their foster children without any legal requirement during the process.
Your Guide in Family Cases
The Family guidance committee is the first stage of the legal process of divorce. When it involves family matters, the local courts can’t be directly reached, rather, the Family Guidance Committee must obtain a no-objection certificate or transfer letter before approaching the court.
The claimant needs to take the following documents to the Family Guidance Committee:
- Emirates ID.
- Original Marriage certificate/Contract.
Note that if the marriage was done outside the UAE, the Ministry of Foreign Affairs in that country should legalize the document and have it attested by the UAE embassy in that country.
Also, the same document has to be attested by the UAE Ministry of Foreign Affairs, which will be translated into Arabic and the Ministry of Justice will then stamp it.
Husband and the wife are expected to come in person
The Family Guidance Committee gives a date for the hearing to the other party. When the claimant has filed, the husband and the wife are expected to come in person before the committee and can’t be represented by family members or lawyers.
If the other party doesn’t appear on the hearing date, one more date might be granted by the Family Guidance Committee before issuing the No-Objection letter to file the family case. When such a notice is sent to the respondent, it is necessary that legal advice is received by the respondent before the hearing date.
Moral codes of the UAE
The cultural and moral codes of the UAE should be regarded while approaching the family guidance committee. Both men and women are expected to dress properly.
NOC allows the claimant to file the case in court
In a case where both parties attended the Family Guidance Committee and they couldn’t arrive at an amicable solution, a No Objection Letter is issued by the Family Guidance committee. This NOC allows the claimant to file the case in court and start the legal process of divorce.
seek the help of a lawyer
Should the parties reach an agreeable solution and are ready to sign a settlement agreement to that effect, it is very important that they seek the help of a lawyer at that point.
The settlement agreement in this case is signed before the judge from the Family Guidance Department and kept in their file for all future references with two copies given to the parties.
Family Law, Filiation, Divorce Cases, Succession & Inheritance
You can be assured that our family lawyers will guide you