Family Law - Jurisdiction
What are the main jurisdictional requirements for the institution of proceedings in relation to divorce, property and children?Author Name: alrowaad
What are the main jurisdictional requirements for the institution of proceedings in relation to divorce, property and children?
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 tier of court) have jurisdiction over family cases filed against citizens or foreigners who are domiciled or resident in the UAE (following Article 5 of Personal Status Law and Article 20 of the Civil Procedure Law). In addition, a citizen or foreigner may commence a divorce in the UAE even if their spouse resides abroad, as long as the spouse is served with the proceedings.
Domicile and Habitual Residence
Explain the concepts of domicile and habitual residence as they apply to the jurisdiction in relation to divorce, the finances and children.
Domicile is defined as a place where an individual resides and see’s their long term home to be. Residence can be more temporary than domicile. In practice, a party would be seen to be domiciled or resident in the UAE for jurisdiction purposes, if they hold a residence visa (or similar) for the UAE.
Conflict of Law/ Applicable Law to be applied
What happens when one party applies to stay proceedings in favour of a foreign jurisdiction? What factors will the local court take into account when determining forum issues?
The UAE courts will apply a ‘first in time’ rule but only in respect of concluded cases. Therefore, one party is able to apply to stay proceedings issued within the UAE courts if they can prove that a final judgment has been issued within their proceedings from a court in another jurisdiction.
Author: Experienced lawyer Hassan Elhais, along with his team of prominent lawyers across the UAE, has made a name for himself as a renowned specialist in the fields of civil law, construction law, banking law, criminal law, family law, inheritance law and arbitration.
ISBN No: 978-81-928510-1-3
Author Bio: Hassan Mohsen Elhais After qualifying as a lawyer in his native Egypt within the fields of Criminal and Public Law, Mr. Mohsen Elhais has been practicing in Dubai for the past seven years. Working exclusively with Al Rowaad Advocates, Hassan is an effective leader of the company, the spokesperson and driving force. Hassan has a strong ethical stance with regards to the place of the law firm and its work on behalf of the client, from clarity on the legal process through to the fee system. Specialising in the drafting of all statement of claim, memos and consultation with regards to all kind of litigations, Hassan has worked his way through the ranks of Al Rowaad Advocates from joining as Legal Advisor to his current role as Managing Partner.
Email: alrowaad@legalserviceindia.com
Website: http://www.professionallawyer.me
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