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About the Personal Status Law and the Wadimah Law (Child Protection Law)
Personal status law encompasses many rights and obligations that aim to establish a balanced standard for protecting the rights of the parties. Therefore, Al Dhaheri and Co. Advocates has dedicated a highly experienced team specialized solely in family disputes and child-related cases. Their services in this regard include the following:
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Marriage and divorce cases
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Custody and visitation cases
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Alimony issues of all kinds
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Cases of proof and denial of paternity
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Domestic violence cases
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Child-related cases
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Family settlements
When does alimony lapse for the wife in UAE law?
Cases for termination of alimony to the wife
The legislator has clearly and explicitly defined the situations that terminate the alimony allocated to the wife according to the law, listing exclusively in the personal status law the following cases:
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If she denies herself to her husband without a legitimate reason.
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If she abandons the marital home without a legitimate reason.
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If she prevents the husband from entering their marital home without a legitimate reason.
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If a court judgment or decision restricts the wife's freedom for reasons not related to the husband's rights, and it is being enforced.
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If she fails to fulfill her marital duties as stipulated by the law.
From the foregoing, it is evident that alimony, being a legal obligation incumbent upon the man, is considered a privileged debt, prioritized over other debts owed by the husband, thereby giving the wife preferential rights to collection, unless there is another superior privileged debt that precedes in priority.
What are the disputes that do not fall under the jurisdiction of family guidance?
The following does not fall under the jurisdiction of the family guidance committees:
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Matters of wills, inheritance, and their equivalents.
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Urgent and temporary lawsuits and orders, and urgent and temporary rulings on alimony and custody, and wills.
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Lawsuits where reconciliation is inconceivable, such as claims for marriage and divorce proof.
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Lawsuits that require judicial evidence, such as the affirmation and denial of lineage.
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Financial claims between parties of the familial relationship that are not related to family judgments, such as cases of partition and setting aside of common property, and financial debts.
Frequently asked questions about the Personal Status Law and the Wadima Law
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Is it permissible for a lawyer to represent his client before family guidance committees?
The sessions of family guidance and reconciliation take place in private settings and are limited to the original disputing parties. Attendance of others, regardless of their status or relation, is not permitted unless deemed necessary by the family guide. The role of the lawyer in the family guidance phase is restricted to providing legal support and advice to his client, and monitoring and following up the status of the case at the family guidance until a decision is made to close the case or the reconciliation fails and it is referred to the court.
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What is the role of the family guide in personal status disputes?
During the consideration of the application, the family guide reminds the parties of their legal and legitimate rights and duties towards one another and their duties towards the individuals associated with them. It is his duty to choose the best methods and practices that would convince both parties to reconcile.
The family guide hears the statements of the disputing parties without an oath, first listening to the claims of the plaintiff, then the response of the defendant, and records their statements in a report prepared for this purpose. The family guide and the party whose statements were heard sign the report.
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Does the custodial mother have the right to educational guardianship over the custodian?
Yes, according to Federal Decree-Law No. (52) of 2023 amending certain provisions of the Federal Law No. (28) of 2005 concerning personal status, an exception is mentioned in Article (148) that grants the custodial mother the educational guardianship of the custodian in a way that achieves the custodian's best interest.
In case of disagreement on what achieves the custodian's best interest, the concerned parties may refer the matter to the judge of urgent matters to issue a decision based on a petition, taking into account the father's financial ability, without compromising the custodial mother's right to educational guardianship over the custodian.
For more information about our legal services, do not hesitate to contact our team of skilled lawyers and legal consultants specializing in all areas of law and litigation in the United Arab Emirates or visit us at one of our branches in the cities of Al Ain and Abu Dhabi.
