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Adultery is a recognized ground for divorce in the United Arab Emirates. When an act of adultery is committed in marriage by one partner, it constitutes one of the most excruciating experiences that any person can go through.
However, an accusation of adultery is only as good as what can be proven before a court of law. Mere allegations hold no weight before the UAE courts, and only through admissible evidence can adultery be established before the courts. Admissible proof regarding adultery in UAE includes writing, testimony, conclusive circumstantial evidence and eye witness. It is also quintessential to understand about the UAE law regarding adultery that only admissible evidence can be submitted in a UAE court of law. Unlike in other jurisdictions, in the UAE, often submitting of illegally obtained evidence can be subject to a breach of privacy action against you. It is important to seek the right and expert legal advice for adultery laws in UAE at the earliest instances.
The right legal advice is crucial when dealing with adultery in UAE. Punishment for ex-pats used to include a deportation order from the UAE, which would thus constitute a lifetime ban from entering the UAE. An act of adultery also has other long-reaching effects, whether it be related to divorce proceedings or custody rights for a child. When it comes to such a critical and sensitive matter, it is best to leave it to the experts and not to worsen the situation by entertaining own assumptions. Only an expert and experienced lawyer specializing in personal laws and divorce laws in the UAE, will be able to advise you with the correct balance of legal acumen and sensitivity required in such matters.
Our team of family lawyers are experienced in dealing with divorce and separation matters. We recognize the emotional and personal difficulties that one faces under such circumstances and work with you to resolve the matter in your best interest. We undertake different approaches to reach the best result be it through mediation or contested divorce.
Custody means day-to-day upkeep and taking care of the child. In matters of legal separation or divorce, the court decides which party will be assigned as the ‘custodial parent’. In these circumstances, the non-custodial party has to apply for visitation rights. The general rule as far as custody is concerned is that it should be with the mother until the male child is 11 years old and the female child is 13 years old. However, this general rule has many exceptions, and it is safe to say that the court looks for the betterment of the child or children involved. Under the personal status law, the father is awarded with the right of guardianship which makes the father responsible for providing for the child morally and financially.
In certain circumstances the court will provide for ‘joint custody’ which allows both the parents to have the child with them for equal amount of time.
In divorce and child custody matters, the court determines each parent’s financial responsibility for the children involved based on each party’s finances and establishes the sum of money to be paid by one party to the other.
Under Personal Status Law, the husband and the father is liable to pay towards all expenses of his wife and children regardless of the woman’s financial standing and income.
When it comes to claiming financial support from the husband, the most important aspect of this is to prove the husband’s income. The income of the husband shall determine the amount of the maintenance paid towards the children and the one-off lump sum amount to be paid to the wife.
Parental child abduction is a criminal offence in the UAE and if you fear that the child might face risk of parental abduction, you can file for child custody and impose travel bans on your child,
“Custody and guardianship of a child are defined by Federal Law No (28) of 2005 concerning Personal Status, the mother is the natural custodian of the child, unless otherwise specified by the court, and the father is the guardian who holds the rights of supervision and maintenance of the child”.
Under the UAE family laws, in father of the child being the legal guardian possesses the right to impose travel ban on the child and similarly the mother of the child can make similar requests if she fears that her spouse may abduct the child.
In instances wherein travel ban has been imposed on the child, either parent can request the court to rescind the order of travel ban by submitting a guarantee of a child’s safe return to the UAE. The court will view your case on its merits and will take the decision base don’t he child’s best interest.