Our international family law lawyers could win a family law dispute over the applicable law of international marriage.
In Abu Dhabi; UAE family divorce case with international jurisdiction
This is an actual family lawsuit that took place in UAE courts. Our family’s international lawyers from Dubai and Abu Dhabi won in 2014; it summarized that our client, who is not a U.A.E European, filed a divorce case against his wife, who is also European but not the same Nationality.
The court agreed to divorce according to UAE and not to European law.
And that is a court judgment.
The following is the text of the judgment as it passed from Abu Dhabi Court.
In the above rule of attribution. The Case papers have been emptied of the applicable law, which is the law of the husband;
and it did not bring by any party of them, thus the applicable law, after the lack of the law of spouse, the State (UAE) law because the parties reside and work in the State (UAE).
They have resorted to this court .then the Emirati Personal Status Law No. 28 of 2005 is the applicable law in this incident, without paying attention to what has been Provoked by the Defendant with her sticking to apply the legislation of her Country because it is in the case of insisting the Defendant to the article 1/2, the law of the husband must be the applicable law. The court set this aside for not basing this advocacy on a sound legal basis.
The basis on the above, the court considered the lawsuit, which aims to prove the divorce and fault-based divorce as follows:
Whereas regarding the request for confirmation of divorce of the Defendant to his Plaintiff wife on 02.04.2013, Plaintiff has divorced
the Defendant wife, before the court during the hearing on 10 .03.2013, said to my Defendant’s wife; I divorce you, I divorce you, I divorce
You. It is legally decided, according to the text of Article 106 of the Personal Status Law, that “the divorce shall be made with the articulate of the husband and documented by the judge “.it is mentioned in the slated explanatory memorandum of the same law that the husband is the one who has the divorce, then be who made it or articulate by it before the judge if he fulfills the terms of the divorce and those who divorced or in its phrase. Whereas the husband was considered.
Legally, it must respond to the request of Plaintiff and the judgment accordingly to confirm the divorce of Plaintiff To his Defendant wife and consider it the first revocable divorce.
For lack of evidence of the occurrence of this divorce before uttered in front of the court, and there was no previous divorce. Based on the date of the divorce before the court on 10.03.20 13, she must count her. Iddat (period of waiting) from the date of the divorce, and therefore rejects the request of fault-based divorce for non-completion of the marital relationship in the mentioned above divorce.
We shall update the Abu Dhabi appeal court ruling.