Legal Proceedings of Civil Cases in the UAE
The United Arab Emirates (UAE) government focuses on family life more than anything else does in the country. Considering the influx of foreigners in the UAE, the government has amended several family laws, ensuring support to family life, regardless of religion or cast. The expatriates may not be familiar with the UAE family laws because they are based on Islamic principles, and so they may not comprehend the legal system easily. Hence, the UAE has civil laws to meet the international legal standards for the judicial system.
Guidance for Civil Laws in the UAE
The civil laws in the UAE are reflected in the cases of marriage, divorce, property inheritance and child custody. These cases require evidence and the best verdict for both parties at the end of the day. It allows both parties to see how the case will proceed.
Family Law for Proceedings in the UAE
The UAE legal system apply federal laws for making decisions about family life. Additionally, the emirates have local laws to ensure the safety of the residents. However, under the Federal Decree-Law No. 41 of 2022 on Civil Personal Status and Federal Law No. 28 of 2005, the proceedings are conducted. In such cases, the judgement is made by focusing on the laws and the articles of the statutes and not the rulings in the past. Due to this structure, the parties can predict the court’s decision. However, the case is still handled as per the legal procedure.
Interpretation and Structure of the Common Law
The common law relies more on past rulings than the articles and statutes. In the common law, the judges would make new rulings that may depend on the previous judgements. Such is the case for family law in the UAE. The family law cases would be resolved differently under the common law. The rules for evidence may also differ. However, the whole law is based on the testimony of the witness and cross-examination. The civil cases are resolved through evidence of documents. Therefore, the expatriates must know how to adjust with the family cases in the UAE.
Role of Judges in Common and Civil Laws
The legal system is varied by common and civil law. Therefore, court proceedings and judgments would be different.
Civil Law System
The civil law has a proactive approach to a case. The judge will be thoroughly investigating the legal matter in the court. During the procedure, several documents and questions would be asked to have a clear understanding on the matter. However, the goal is to make a judgment that is written in the law. In short, the judges go by the book.
Common Law
The common law makes judgments over past rulings and do not go by the book. The judges would evaluate the arguments made by the lawyers from both sides. In this kind of setting, the judge may act fast but may not focus on the documents or testimony.
Both laws work for the rights of the people, but common law is pragmatic, and countries have improvised their legal system with such laws.
How do Both Laws Work in Marital Disputes?
The marital disputes involve divorce, child custody and alimony.
Divorce Settlements in Common Law
The divorce is handled without any sessions for family guidance. However, there is an extensive procedure where negotiation and interpretation of the case law is made. Decisions are made based on the arguments provided by both lawyers.
The UAE legal system relies on civil laws. It makes marital cases predictable for both parties. Still, it might be difficult for the expatriates to understand these laws unless they hire a professional lawyer.
Marital Disputes Under Civil Law
Under the UAE’s civil law, disputes over marriages are always given a chance for reconciliation. Sometimes, the sessions for family guidance might save the marriage, but sometimes the divorce is filed after those sessions, even.
Aspects of Divorce Under UAE Civil Law
The UAE civil law works on the aspects related to the support of the child and spouse after divorce.
Child Custody in the UAE
The UAE courts ensure the best interests of the child after the parents are separated. A child is protected by the WADEEMA Law in the UAE. The Federal Law No. 3 of 2016 on Child Rights (WADEEMA Law) protects the rights of children by providing them with a safe and secure environment. The law also states the responsibilities of the guardian and the custodian. As per the law, the civil judges emphasize on the child’s right to education, right to live in a secure place and right to have a healthy life with a better emotional environment.
Alimony Rules in the UAE
The UAE does not want divorces to happen, but if they happen; civil law is followed to resolve issues related to post-divorce. The spouse is meant to have a share from the property. According to the civil law, the judges would evaluate income, cost of living and needs of the spouse. Nothing is decided beforehand.
Process of Appeal in Both Systems
An appeal is made when one of the parties does not agree with the decision made by the judge in the first place.
Appeal in the Civil Law
The civil law has three steps to appeal in court. It starts from the Court of First Instance, the first decision by the court. The second time an appeal is put in the Court of Appeal to review the decision. If the individual is still not satisfied with the decision, they will go to the Court of Cassation. The verdict is final in this court.
Appeal in the Common Law
The losing party can state the errors in the case and appeal to the court for a fair procedure. Those errors could relate to the legal aspects or the facts. The evidence will be reviewed again in court. New evidence cannot be provided. The decision will be made as per the old record of the case.
The civil law proceedings could be a good option to move faster through cases, rather than doing extensive negotiations in the common law. The UAE legal system works as per civil law because the judgment is passed without any delays.
Summary
As an expatriate in the UAE, one must have an understanding of the common law and civil law. Though the UAE works according to civil law proceedings, individuals must have in-depth knowledge about both laws. However, it would help expatriates to make a better decision for divorce, child custody and spousal support.