in Abu Dhabi ; UAE family divorce case with international jurisdiction
This is a real family law suit took place in UAE courts, Our family international lawyers of Dubai and Abu Dhabi won on 2014; its summarized that our client who is not U.A.E citizen – European – filed a divorce case against his wife who is also European but not same Nationality.
The court agreed to divorce according to UAE and not to Canadian law.
And that is court judgment.
The following is the text of 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 brought by any party of them, thus the applicable law ,after the lack of law of spouse ,the State (UAE) law due to the fact that the parties reside and work in the State (UAE) and 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 law of her Country because that 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 upon true legal basis.
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, the Plaintiff has divorced
His Defendant wife before the court during the hearing on 10 .03.2013 that he said my Defendant wife; I divorce you, I divorce you, I divorce
You. It is legally decided, pursuant 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 bas the divorce, then be who made it or articulate by it before the judge if he fulfills the terms of divorce and those who divorced or in its phrase. Whereas the husband was in the considered
Legally, it must respond to the request of the Plaintiff and the judgment accordingly to confirm the divorce of the Plaintiff To his Defendant wife, and consider it the first one revocable divorce
For lack of evidence of occurrence of this divorce before uttered in front of the court and there were no previous divorce. Based on the date of the divorce before the court on 10.03.20 13 and 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