In the UAE, absence-based divorce is governed by legal provisions that grant a wife the right to file for divorce if her husband has been absent for a prolonged period without a legitimate reason, is unreachable, or if circumstances make it impossible for married life to continue normally.

Procedures for Absence-Based Divorce in the UAE

Article 79 of Federal Law No. 41 of 2024 grants the right to an absence-based divorce in cases of absence, disappearance, or imprisonment.

Here are the step-by-step procedures for absence-based divorce, which a specialized law firm like Samaha Law Firm for Legal Consultations can help you complete efficiently and legally:

• The wife files a lawsuit for divorce with the competent court, providing evidence of the husband’s absence, such as his lack of communication or his absence from his known place of residence.
• If the husband’s location is known, the court issues an official summons requiring him to appear, to arrange for his wife to join him, or to divorce her. A deadline of no more than 180 days is set for him to respond.
• If the husband does not respond within the court’s specified deadline, the court issues a divorce decree.
• If the husband is missing and his whereabouts are unknown, the court conducts an official investigation to verify his absence.
• The court waits for a full year from the date of filing the divorce lawsuit before issuing a divorce decree in the case of a missing husband.
• If the husband is imprisoned for a period of no less than three years, the wife may request a divorce after one year of imprisonment has passed, provided that the imprisonment continues during the case review and that the remaining prison sentence is not less than six months when the judgment is issued.

Conditions for Absence-Based Divorce in the UAE

Federal Law No. 41 of 2024 sets clear conditions for absence-based divorce to protect the rights of both spouses and maintain a balance in the marital relationship when one party is absent.

The court will not issue a judgment unless the following conditions are met:

1. The husband has been absent for a minimum of six months without a valid reason: This applies whether he provides financial support to his wife or not. This condition is void if the wife explicitly or implicitly consented to or accepted his absence.
2. A legal summons is issued to the husband by the court: If his residence is known, he is given a grace period of up to 180 days from the date of the summons to return to his wife or divorce her before a decision is made.
3. The husband is missing and his whereabouts are unknown: This requires the court to conduct a serious investigation. A period of one year from the date of filing the divorce lawsuit is required before a judgment can be issued.
4. The husband is imprisoned for three years or more by a final judicial ruling: The wife can request a divorce after one year of the sentence has been served. However, the remaining prison sentence for the husband must not be less than six months when the judgment is issued, and the husband must still be in prison during the court’s consideration of the case.

By contacting a specialized law firm like Samaha Law Firm for Legal Consultations, you can learn about the specific conditions applicable to your case.

A Wife’s Rights in an Absence-Based Divorce in the UAE

The new Personal Status Law guarantees a wife numerous rights in cases of absence-based divorce, ensuring her legal protection and human dignity after the marriage ends.

The Samaha Law Firm for Legal Consultations can help a wife secure all her rights, which include:

• Financial support (alimony): The wife is entitled to alimony during her waiting period (Iddah). She can also claim past financial support if she can prove that her husband did not provide for her during his absence. This is determined by the court based on the husband’s financial situation and the nature of the marital relationship before separation.
• Retaining the marital home: This is a right for the wife, especially if she has custody of children, or the husband may be obligated to provide a suitable alternative residence. This is in line with the principle of the child’s best interests that governs family cases in the UAE.
• Claiming deferred dowry: As stipulated by UAE law, if the wife has not yet received her deferred dowry, this debt remains owed by the husband. It can be claimed as part of the divorce lawsuit or in a separate one.

These rights demonstrate that an absence-based divorce does not mean the wife’s rights are lost. The process is subject to clear legal guarantees that provide her with adequate protection under the applicable UAE law.

By contacting Samaha Law Firm for Legal Consultations, a wife can ensure her rights are secured in a clear and defined legal framework.

What Are the Consequences of Absence-Based Divorce for the Husband?

An absence-based divorce in the UAE has legal consequences for the husband, especially when a judgment is issued based on a lawsuit filed by the wife due to the husband’s total absence from marital life, whether from long travel, lack of communication, or neglect.

According to Federal Law No. 41 of 2024 regarding Personal Status, an absence-based divorce judgment does not absolve the husband of his financial obligations toward his wife and children. One of the most significant consequences is that the judgment is final and is issued without the husband’s consent. It obligates him to pay full financial support, including alimony for the waiting period and the deferred dowry, in addition to court costs.

Additionally, the husband may be denied some of his rights related to his children, such as the right to visitation or challenging custody, if he does not initiate legal action as soon as he becomes aware of the judgment.

Therefore, it is recommended that a husband take precautionary steps if he anticipates a long or repeated absence, such as granting a power of attorney or maintaining regular communication with his wife or a specialized divorce lawyer in the UAE. This can help him avoid absence-based judgments and the financial burdens that could weaken his family position later on.

The Role of a Specialized Lawyer in Absence-Based Divorce Cases

A lawyer’s role in absence-based divorce cases is to manage the legal procedures and protect the rights of both parties from any overreach or error during the litigation process. A specialized lawyer’s responsibilities include:

• Drafting the summons to the absent husband, which includes legal options such as returning, moving the wife, or divorcing her, all within the specified 180-day deadline.
• Filing the divorce lawsuit with the competent court using a legal format that meets the requirements for acceptance.
• Including documents that prove the absence or the impossibility of continuing married life due to the unjustified absence.
• Following up on official notices related to the case, whether through known methods or via newspapers if the husband’s location is unknown.
• Representing the client (wife or husband) before the court and presenting arguments and requests on their behalf.
• Claiming financial rights resulting from the divorce, including alimony for the waiting period and the deferred dowry, if applicable.
• Following up on the judgment’s enforcement after it is legally issued.
• Filing objections or appeals when needed, according to the specified deadlines and legal procedures.
• Providing family law consultations to the affected party on the collection of required documents to prove absence or harm.
• Following up on subsequent disputes related to custody or visitation of children.

Either party can contact the Samaha Law Firm for Legal Consultations, which offers a select group of specialized family lawyers and ensures that procedures are completed quickly, and everything related to the client is followed up on. Contact Us.

The right to claim Compensation for Damages Cases in the UAE is one of the fundamental pillars upon which the UAE Civil Code is built to ensure justice and protect individuals and institutions from any infringement or negligence.

Whether the damage results from medical malpractice, a traffic accident, or a breach of a commercial contract, the law grants the injured party the full right to redress the damage and recover their material and moral rights.

In this article, Samaha for Legal Consultations presents a comprehensive guide on the elements of tort liability, the types of damages entitled to compensation, and how to estimate the value of the claim before the competent courts.

If you are seeking to know the correct legal procedures to ensure you receive compensation for damages, you are in the right place to begin your journey of recovering your rights.

Compensation for Damages Cases in the UAE

Many people inquire about the nature of compensation for damages.

Today, we will clarify the meaning of compensation, its importance, and everything related to its types, conditions, and legal procedures.

To obtain the best legal consultation regarding compensation for damages in the UAE, Contact us at Samaha for Legal Consultations.

What is Compensation for Damages in the UAE?

A Compensation for Damages Cases in the UAE is a civil action stipulated by the UAE Civil Transactions Law.

This lawsuit is based on a legal foundation originating from either contractual liability or tort (civil) liability.

• Contractual Liability: Occurs due to a breach of agreement between the parties to a contract, resulting in damage that must be redressed.

• Tort Liability: Results from a mistake committed by a person that causes harm to others.

According to Article 282 of the UAE Civil Transactions Law, any harm done to another shall render the perpetrator, even if not discerning,

liable to make good the harm, whether the harm is caused directly or consequentially.

What are the Types of Compensation for Damages?

According to UAE law, compensation for damages is divided into two main types:

1. Material Compensation: Compensation for the damage caused to the victim’s property (real estate, vehicles, crops, etc.) or physical injury (wounds, fractures, etc.).

2. Moral (Non-material) Compensation: Compensation for the psychological or emotional harm suffered by the victim due to the error, whether it arose from a criminal act or a breach of contract.

Conditions for Claiming Compensation

The conditions for compensation under the UAE Civil Transactions Law are:

1. An Act: An action or omission by a person that leads to harm.

2. Occurrence of Damage: The claimant must have suffered actual damage, whether material or moral.

3. Causal Link: Proving the relationship between the wrongdoer’s act and the resulting damage.

4. No Self-Defense: The damage must not have occurred during a state of legitimate self-defense (person, honor, or property), provided it did not exceed the necessity.

5. No Foreign Cause: The damage must not be due to an external cause beyond the perpetrator’s control, such as a natural disaster or force majeure.

6. No Fault of the Victim: The damage should not be caused by the victim’s own act or a third party’s act.

7. Statute of Limitations: The lawsuit must be filed within the legal period. A compensation claim for a harmful act is not heard after three years from the day the victim became aware of the harm and the person responsible. In all cases, the claim is not heard after 15 years from the day the harmful act occurred.

Procedures for Filing a Compensation Lawsuit in the UAE

Under the UAE Civil Procedures Law, the steps are as follows:

1. Preparing the Statement of Claim: Including data of the plaintiff, defendant, subject of the case, facts, evidence, and the plaintiff’s signature (or the legal representative’s signature).

2. Determining Jurisdiction: Identifying the competent court (local, value, and type jurisdiction).

3. Submission: Submitting the claim to the court administration for auditing and receiving a reference number.

4. Fees: Paying the prescribed court fees.

5. Notification: Notifying the parties of the first hearing session.

6. Defense: The defendant has the right to present their defense three days before the hearing.

7. Evidence: The plaintiff must prove the claim using all available means of proof.

8. Rebuttal: The defendant may refute the claim by denying the causal link.

9. Judgment: The court issues its ruling for full, partial, or no compensation.

How to Write a Compensation Lawsuit Brief?

The specialized lawyer at Samaha prepares the best lawsuit brief as follows:

To the Court of First Instance in Dubai

• Plaintiff: Mr. [Name], Address: [Address], Represented by Lawyer: [Samaha Firm].

• Defendant: Mr. [Name], Address: [Address].

• Subject: Claim for Compensation for Damages.

• Facts: My client resides in a property adjacent to the defendant.
  The defendant dug a trench for water pipes in my client’s path without warning or barriers.
  Upon my client’s return from work, he fell into the trench, causing a severe leg fracture and preventing him from working for over a month.

• Request: 1. Acceptance of the case in form and substance. 2. Compensation for material and moral damages. 3. Obligating the defendant to pay all court costs and legal fees.

Samaha Law Firm | UAE

We emphasize that Compensation for Damages Cases in the UAE cases require extreme precision in proving the elements of liability: fault, damage, and the causal link.

Delays in claiming rights or submitting a weak legal file may lead to losing the opportunity for fair compensation.

At Samaha Law Firm, we are committed to providing professional legal support to ensure your compensation claim is drafted perfectly.

Do not let your rights be lost due to a lack of legal expertise; contact our team now for a specialized consultation regarding compensation for damages in the UAE. Contact us.

Real estate investment is considered one of the strongest economic pillars in the country, To ensure the sustainability of this investment, Proof of Property Ownership in the UAE emerges as a top priority for every owner or investor.

The UAE legal system pays great attention to documenting real estate rights, as ownership is not legally recognized except through official registration in the designated registries.

Proof of Property Ownership in the UAE

The process of proving property ownership is of utmost importance due to its impact on protecting individuals’ assets and validating their titles.

In this article, we will provide you with information on how to prove property ownership and the documents required to complete this process in the UAE.

To obtain the best legal consultation regarding proving property ownership in the UAE, please contact us at Samaha for Legal Consultations.

How Do You Prove Your Property Ownership in the UAE?

Many people seek to know how they can prove property ownership, yet many remain unaware of the proper methods.

One of the most prominent ways to prove property ownership in the UAE is by issuing an “Ownership Certificate” (Affection Plan/Title Search) from the official authorities responsible for regulating the real estate sector.

This certificate is considered an official statement of property ownership and is one of the strongest evidence methods.

Additionally, a copy of the Title Deed can be obtained through real estate registration offices and departments.

A Sales Contract can also be used as a method in the proof process; however, this method does not carry sufficient evidentiary weight as long as the property title has not been formally transferred to you at the competent real estate departments.

Finally, a Property Ownership Proof Lawsuit can be filed before the competent courts to obtain a judicial ruling.

Required Documents for Proving Property Ownership in the UAE

To prove property ownership, you must provide the following necessary documents:

• An Ownership Certificate from the competent official real estate authorities.

• Personal Identity (Emirates ID) or Passport.

• The organized Sales Contract between the two parties.

• Proof of payment of legally required fees.

• A copy of the Title Deed from the competent real estate departments.

The Role of a Specialized Lawyer from Samaha

Many individuals may fall victim to fraud, especially when purchasing real estate.

Therefore, you should seek the assistance of a specialized law firm like Samaha, particularly when it comes to buying property and the desire to prove ownership.

Our specialized lawyers in the UAE are experts in property ownership proof templates and the necessary evidentiary methods.

They work to preserve the rights of their clients and protect them from manipulation.

The lawyer studies the property title and the organized contract, verifies the accuracy of the information, and chooses the most successful methods to establish the client’s ownership without risking their rights.

Furthermore, the lawyer provides essential advice during the purchase phase or when proving ownership,
in addition to filing lawsuits to confirm the purchase and establish property title.

Procedures for Filing a Property Ownership Proof Lawsuit

The procedures for filing a property ownership proof lawsuit begin with a fundamental step: preparing the “Statement of Claim” with precise legal accuracy.

It must include all parties’ data, a detailed description of the property in dispute, and the legal grounds supporting the plaintiff’s right.

Following this, the concerned party must attach all necessary documents that prove possession, unregistered sales contracts, or any official correspondence that strengthens their position.

Once the file is complete, the lawsuit is officially registered in the competent court records through the available electronic systems.

It is essential to pay the legally prescribed court fees to ensure the lawsuit is accepted in form. After completing the registration, the court sets a date for the first hearing to consider the dispute.

The final procedural stage is notifying the other party (the defendant) with a copy of the statement of claim and the hearing date, in accordance with the notification rules applicable under the UAE Civil Procedures Law,
to ensure the validity of the litigation and proceed with proving real estate rights.

Documents Required for Filing a Property Ownership Proof Lawsuit

The documents required to file this lawsuit in the UAE are:

• Power of Attorney (if a legal representative is present).

• Statement of Claim.

• Sales Contract.

• Documents proving the validity of the claim.

• Receipt of payment of court fees.

In concluding this guide, we emphasize that the process of Proof of Property Ownership in the UAE is not merely a routine administrative procedure;
it is the primary legal shield that protects your savings and ensures your right to dispose of your property through sale, lease, or inheritance without obstacles.

Compliance with local laws and obtaining a title deed issued by the competent authorities is the only way to formalize your investments.

Because real estate issues can sometimes be complex, we at Samaha for Legal Consultations always advise the necessity of scrutinizing all contracts and documents before signing.

If you face any challenges in proving property ownership in the UAE or desire specialized legal consultation to document your rights.

our team of legal experts is ready to provide the necessary support to ensure your real estate and legal security. Contact us.

Article 84 of the UAE Penal Code outlines how a suspended imprisonment sentence in the UAE can be issued. It grants the court the right to rule on a crime with a non-proportional fine or a prison sentence not exceeding one year, and to issue a suspended sentence as part of its judgment.

Obtaining a suspended imprisonment sentence in the UAE

Article 84 stipulates that the court must consider the character of the convicted person, their past, their age, and the circumstances under which the crime was committed.

These factors help the court believe that the offender will not re-offend.

The court is also granted the right to make the suspension of sentence cover any ancillary punishment in addition to the primary one, with the exception of confiscation.

The law also allows the public prosecution to grant a suspension of the freedom-restricting sentence if the victim waives their right against the offender, or if the victim and the convicted person reach a reconciliation.

This applies to crimes of theft, fraud, breach of trust, and concealing stolen property, provided there is a marital relationship between the offender and the victim, or if one is an ascendant or descendant of the other.

The suspension period is three years, beginning on the day the judgment becomes final and irrevocable.

Article 86 also states regarding the suspension of sentence: “The suspension of the imprisonment sentence shall be revoked if the convicted person commits an intentional crime during the three-year period, or if the court issues a final judgment against them for a freedom-restricting punishment for a period exceeding two months.

It shall also be revoked if it is discovered during this period that the convicted person had a prior freedom-restricting sentence against them before the suspension was ordered, and the court was not aware of it at the time.”

If you need legal advice concerning a suspended sentence in the UAE, you can contact us at Samaha Law Firm.

Conditions for a Suspended Prison Sentence in the UAE

The conditions for a suspended imprisonment sentence in the UAE have several types based on the type of punishment, the behavior of the convicted person, and the court’s role, among other conditions stipulated in Articles 84 and 86 of the UAE Penal Code.

The details of these conditions are as follows:

Type of Punishment: A suspended sentence may be issued if the punishment is either a non-proportional fine or imprisonment for a period not exceeding one year.

Court Conditions: For a sentence to be suspended, the court must ensure several key points:

• The past record of the convicted person.
• The character of the convicted person.
• The age of the convicted person.
• The circumstances surrounding the commission of the crime.
• The court must believe that the person will not commit crimes again.

Public Prosecution: The Public Prosecution has the right to suspend a sentence in certain cases, most notably:

• The victim and the convicted person reach a reconciliation.
• The victim waives their right against the offender.

This applies to several crimes, such as:

• Theft
• Fraud
• Breach of trust
• Concealing stolen property

It must be noted that the suspension can include ancillary penalties, with the exception of confiscation. The duration of the suspension is three years, starting from the date a final and irrevocable judgment is issued.

The judgment can be revoked in several cases, most notably:

• The convicted person commits an intentional crime during the three-year period.
• They are sentenced to a freedom-restricting punishment for a period of more than two months.
• It is discovered that there was a previous judgment against the convicted person that the court was unaware of when it issued the suspension.

What is Meant by a Suspended Sentence in the UAE?

A suspended sentence in the UAE is a judgment issued by the court that convicts and punishes the offender with imprisonment, but grants the possibility of not executing the punishment for a temporary period under specific conditions.

If these conditions are met and the period ends, the judgment is considered as if it never existed. The court takes into account the period of imprisonment, the circumstances of the crime, and the character, past, and age of the convicted person.

In our article, we have provided you with information about a suspended imprisonment sentence in the UAE. We hope we have clarified when such a sentence is issued and the period that the convicted person must adhere to.

If you need further legal advice regarding a suspended sentence in the UAE, you can contact us at Samaha Law Firm via phone or WhatsApp.

Many people believe that a property becomes fully secured once it is officially registered.
However, there are cases where the owner discovers that their ownership has been transferred to another party without their knowledge.
The crime of seizing others’ real estate in the UAE is considered one of the most serious offenses that threaten real estate security in the United Arab Emirates.

What is the Crime of Seizing Others’ Real Estate in the UAE?

The crime of seizing others’ real estate is one of the most serious crimes affecting the foundation of ownership, a right guaranteed and preserved by the UAE Constitution.

The crime of seizing others’ real estate occurs when a person gains control of or disposes of a property they do not own without the legitimate owner’s consent, with the intent of ownership or illicit gain.

Furthermore, this crime does not only affect the property owner; it threatens the trust of clients in the entire real estate system.

The crime of seizing others’ real estate is considered an infringement upon the stability of transactions and property rights. Therefore, this crime is dealt with strictly by the legal authorities.

Conviction for the crime of seizing others’ real estate can only be confirmed if the main elements of the crime are present.

Elements of the Crime of Seizing Others’ Real Estate

The crime of seizing others’ real estate is a punishable offense under the law, and according to the rules of criminal liability, it must satisfy the three essential elements of the crime, as follows:

The Material Element (The Criminal Act)

This is the tangible conduct committed by the perpetrator, which is manifested by them disposing of a property they do not own as if it were theirs, whether through:

• Transferring the property’s ownership to their name without a legal right.

• Submitting fake documents to register the property in their name in the land registry.

• Executing a sale or lease contract with a third party without authorization from the true owner.

• Carrying out construction or occupying the property without legal authorization.

The Moral Element (Criminal Intent)

Criminal intent is the perpetrator’s will and intention to commit the crime of seizing others’ real estate in the UAE, and it includes:

• The perpetrator’s knowledge that they do not own the property and have no right to it.

• The clear intention to seize or profit at the expense of the true owner.

• The absence of good faith on the part of the perpetrator.

It is not required that the perpetrator has achieved an actual gain; committing the crime of seizing others’ real estate with criminal intent is sufficient.

The Legal Element (The Legal Text)

A crime is not considered as such unless there is a legal text that criminalizes the act. Federal Decree-Law No. 31 of 2021 concerning Crimes and Penalties has regulated this type of crime within the law of offenses against property.

Specifically, Article 451 punishes the unlawful seizure of another person’s property, whether movable or immovable, if carried out through illegal means such as forgery or fraud. By contacting Samaha Legal Consultations office, you can learn all the legal details in this regard.

Penalty for the Crime of Seizing Others’ Real Estate in the UAE

Federal Decree-Law No. 31 of 2021 concerning the Issuance of the Penal Code has regulated the crime of seizing others’ real estate and specified severe penalties, including:

Imprisonment and Fine

According to the text of Article 451 of Federal Decree-Law No. 31 of 2021 concerning the Issuance of the Penal Code for the crime of seizing others’ real estate in the UAE,
the penalty is aggravated in the following cases:

• If the subject of the crime is real estate.

• If the seizure of the property was carried out using forged papers or fake documents.

• If the crime resulted in severe damage to the true owner.

Restitution of Property and Compensation for Damages

The penalty is not limited to imprisonment or a fine; any legal actions resulting from the seizure, such as sale contracts or transfer of ownership, are cancelled.

The property is returned to its rightful owner, even if it has been transferred to other parties.

The perpetrator is obligated to pay financial compensation for the material and moral damages incurred by the owner.

It is important to know that the crime of seizing others’ real estate does not lapse by prescription (statute of limitations), and the aggrieved party retains the right to legal claim at any time as long as they have proof of ownership.

With Samaha Legal Consultations office, you can pursue the appropriate restitution and compensation procedures.

How Can Our Office Help If Your Property is Seized by Others?

If you have been subjected to the crime of seizing others’ real estate in the UAE, Samaha Legal Consultations office provides you with full support from the moment the problem is discovered until all your rights are fully restored. We are distinguished by our extensive experience in real estate and criminal cases, and Samaha performs a detailed legal analysis of the situation and determines the basis upon which the case for the crime of seizing others’ real estate can be built.

• Gathering the necessary evidence and documents to prove ownership and show the aspects of the transgression on the property.

• Filing a criminal lawsuit against the aggressor for unlawful seizure and carrying out all procedures before the Public Prosecution.

• Filing a parallel civil lawsuit to demand the cancellation of the ownership transfer and the recovery of the property, along with compensation for damages.

• The lawyer from the office represents you before all judicial and official authorities
  and follows up on the crime of seizing others’ real estate until the judgment is issued and executed.

• Providing future preventative advice to protect your real estate ownership from any future aggression.

What Steps Should Be Taken If You Discover Your Property Has Been Seized?

• Verify the property seizure by reviewing the land registry.

• File a complaint with the competent authorities.

• You can consult a specialized lawyer, such as Samaha Legal Consultations, in real estate cases to provide correct legal advice.

Can the Property Be Recovered Even If It Has Been Sold to Other Parties?

Yes, the property can be recovered even if it has been sold to other parties, but this depends on the validity and circumstances of the sale process.

If the commission of the crime of seizing others’ real estate is proven, legal action can be taken to reclaim the property even if it was sold to other parties.

How Long Do Cases of Seizing Others’ Real Estate Take?

The duration of cases concerning the crime of seizing others’ real estate in the UAE varies depending on the complexity of the case and the volume of available documentation.

In general, the duration of the crime of seizing others’ real estate may take several months to several years.

Real estate ownership remains a pillar of economic security, and the crime of seizing others’ real estate poses a real threat that must be firmly addressed.

We have clarified that UAE law is strict in dealing with this crime, emphasizing the necessity of meeting the three elements (Material, Moral, and Legal) to impose punishment,
which is not limited to imprisonment and a fine but extends to include the cancellation of dispositions, restitution of the property, and compensation for the affected owner.

Protecting your real estate investment requires constant legal vigilance.
If you have been or fear being subjected to the crime of seizing others’ real estate in the UAE, the best solution is immediate action and seeking specialized legal expertise.

Samaha Legal Consultations office is ready to provide full support, from analyzing the situation and gathering evidence to representing you judicially to ensure the full recovery of your ownership and obtaining fair compensation.

Do not let your real estate right be lost, Contact us today to secure your property or to initiate procedures for the recovery of your ownership efficiently and professionally.