Child Support After Divorce in UAE

Child Support After Divorce in UAE: Filing & Requirements

How Much is Child Support After Divorce in the UAE? The question of child support after divorce in the UAE is one of the most pressing concerns for parents during the dissolution of a marriage.

It stems from a deep desire to ensure a dignified and stable life for their children, The new UAE Personal Status Law places the child’s best interests above all else, establishing fair rules that guarantee rights to food, clothing, education, housing, and entertainment, aligned with the father’s financial capacity without prejudice.

However, the value of child support after divorce in the UAE remains flexible, subject to the court’s discretion based on factual data such as the father’s income, his obligations, and the changing needs of the children.

In this article, we will clarify the details of UAE law regarding average amounts, cases where support continues or legally ceases, and how Samaha Legal Consultants in the UAE can help you secure a fair judgment that protects your children’s future.

What is the Amount of Child Support After Divorce in the UAE?

Child support after divorce in the UAE is a primary right guaranteed by the new Personal Status Law. The father is legally obligated to bear all his children’s expenses after divorce, as determined by the Sharia Court, taking into account his actual income and the child’s basic needs.

According to UAE law, child support includes:

  • Food and beverages

  • Clothing

  • Housing

  • Educational expenses

  • Medical treatment expenses

  • Entertainment and activities

There is no fixed or static value enforced in all cases. Instead, child support after divorce in the UAE is calculated based on the family’s economic circumstances and the father’s monthly income. Based on current cases and court precedents, the amount often ranges between AED 1,500 to AED 3,000 per month per child. However, this percentage may increase or decrease depending on the husband’s income, the number of children, and the specific living conditions of each family.

Factors affecting the estimation of support:

  • The father’s net income.

  • The father’s other obligations (debts or supporting other dependents).

  • The child’s age, educational, and health needs.

  • The child’s place of residence (major city vs. rural area).

The court may request bank statements or salary certificates to ensure justice. For specialized legal assistance, you can contact Samaha Legal Consultants to handle these matters swiftly and accurately.

When Does Child Support Cease Under UAE Law?

While the law protects the right to child support after divorce in the UAE, this obligation does not last indefinitely. There are clear legal cases where support ceases:

For Males:

Support for a son ceases when he reaches 18 years of age (the legal age of majority), unless he is still a university student or unable to earn a living due to a permanent disability.

For Females:

Support for a daughter ceases in the following cases:

  1. Marriage: As the husband becomes responsible for her maintenance.

  2. Employment: If she obtains a job that provides a sufficient independent income.

Exceptions: Support does not cease simply by reaching a certain age if the son or daughter cannot earn money or is still under educational sponsorship. The father may submit a formal request to the court to drop the support, providing evidence such as graduation certificates or marriage contracts.

The Role of a Child Support Lawyer in the UAE

The role of a specialized legal representative, such as Samaha Legal Consultants, is crucial in ensuring a fair judgment and determining the accurate value of child support after divorce in the UAE. Their role includes:

  1. Providing Accurate Legal Advice: Explaining rights and obligations under the new UAE Personal Status Law.

  2. Preparing Claims and Legal Files: Drafting the statement of claim and attaching supporting documents professionally.

  3. Representation Before Authorities: Attending Family Guidance committees and Personal Status Court sessions on behalf of the client.

  4. Negotiation and Settlement: Aiming to resolve disputes amicably to protect the child’s interests and reduce conflict.

  5. Execution and Modification: Following up on court rulings and submitting requests to modify the support amount if financial circumstances change.

Frequently Asked Questions (FAQ)

Can the child support amount be modified after the ruling? Yes, either party can request a modification if living conditions or the father’s income change. Contact Samaha if circumstances arise that justify a change.

Does support include school fees and medication? Yes, it covers education, medical expenses, and entertainment, not just food and clothing.

Is support different for daughters? No, child support after divorce in the UAE does not differ between males and females; it is calculated based on the actual needs of the child.

Ultimately, child support after divorce in the UAE remains a fundamental moral and legal commitment. UAE law is characterized by high flexibility, balancing the child’s growing needs with the father’s financial ability.

Because personal status cases require extreme precision, seeking specialized legal expertise is the most important step. We at Samaha Legal Consultants are pleased to provide full support in all child support procedures, ensuring your children’s legal rights are protected and their future is secure. Contact us today.

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Consult a law firm in Abu Dhabi for Forgery Cases

Consult a law firm in Abu Dhabi for Forgery Cases

Forgery is considered one of the most serious criminal offenses in the UAE due to its direct impact on public trust and the integrity of legal and commercial transactions.

Handling such cases requires precise legal expertise and a deep understanding of UAE laws.

This is where Samaha Law Firm, a specialized law firm in Abu Dhabi, plays a vital role. We provide comprehensive legal solutions, from initial consultation and investigations to representation before courts, ensuring our clients’ rights are protected with the highest professionalism.

The Crime of Forgery in UAE Law

According to the UAE Crimes and Punishments Law, Forgery is defined as the intentional distortion of truth in an official or unofficial document, through material or moral means, with the intent to use it as a valid document.

This includes:

  • Altering data or dates in documents.

  • Using a signature or seal without authorization.

  • Creating entirely counterfeit documents and attributing them to official bodies or real individuals.

  • Changing the truth in a way that affects the document’s content, even if the modification is minor.

These crimes are regulated by Federal Law No. 31 of 2021 regarding Crimes and Punishments, specifically Articles 251 to 263. These articles distinguish between forgery in official and unofficial documents and impose strict penalties.

For more information, contact Samaha Law Firm, your trusted law firm in Abu Dhabi.

Elements of Forgery in UAE Law

To establish criminal liability for forgery in Abu Dhabi, three essential legal elements must be present:

1. The Material Element (Actus Reus) This refers to the criminal behavior, including any act that leads to changing the facts in a document, whether by:

  • Writing, modifying, adding, or deleting information.

  • Impersonating a signatory, seal, or official entity.

  • Creating a completely false document and attributing it to a genuine source.

  • Replacing pages or changing dates and clauses. A fundamental condition is that the change must impact the document’s content or legal consequences.

2. The Moral Element (Criminal Intent – Mens Rea) The perpetrator must have committed the forgery with free will and clear criminal intent, knowing the act is illegal and aiming to achieve an unlawful benefit or cause harm to others. General intent (knowledge and will) and specific intent (the intention to use the forged document) are core components.

3. The Legal Element This refers to the existence of a legal text that criminalizes the act. Federal Law No. 31 of 2021 (Articles 251-263) provides a detailed definition of forgery and specifies penalties based on whether the document is official or unofficial.

Penalties for Forgery: Insights from Samaha Law Firm

The law in Abu Dhabi deals strictly with forgery.
Penalties are determined by the nature of the document and whether the forgery was material or moral.

  • Forgery of Unofficial Documents: Per Article 252, forging an unofficial document (e.g., private contracts) is punishable by detention for up to two years and/or a fine not exceeding 100,000 AED.

  • Forgery of Official Documents: Penalties increase for official documents issued by government entities (e.g., passports, licenses). Article 253 stipulates temporary imprisonment (3 to 15 years). If the perpetrator is a public official who exploited their position, the penalty can reach life imprisonment.

  • Moral Forgery: This involves entering false data into an otherwise valid document. If committed in an official document, it carries the same penalty as official forgery (temporary imprisonment), with harsher sentences for public officials.

When Does a Forgery Claim Expire (Statute of Limitations)?

The expiration period depends on the type of forgery:

  • Criminal Forgery (Official Documents): The case expires after 20 years if no criminal action is taken. If a judgment is issued in absentia, the penalty expires after 30 years.

  • Misdemeanor Forgery (Unofficial Documents): The case expires after 5 years, and the penalty expires after 10 years if not executed.

The Role of Samaha Law Firm in Forgery Cases

Given the complexity of forensic evidence, Samaha Law Firm plays a crucial role by:

  1. Initial Legal Evaluation: Reviewing documents to ensure all elements of forgery are met and assessing criminal intent.

  2. Representation: Attending investigations with police and prosecution, and providing legal defenses for temporary release.

  3. Building Defense or Civil Claim: Drafting legal defenses to refute the crime’s elements, contesting forensic reports, and filing for civil compensation for victims.

  4. Cyber-Forgery: Handling forgery in emails or digital documents in collaboration with technical experts.

In light of the UAE’s strict legal stance, professional legal support is indispensable. Choosing a specialized law firm in Abu Dhabi like Samaha Law Firm ensures you understand your legal position and build a strong defense.

Do not hesitate to Contact Samaha Law Firm for expert handling of forgery cases and professional legal protection.

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Fraud and deception lawyer at a law firm and legal consultancy in the UAE

Fraud and deception lawyer at a law firm and legal consultancy in the UAE

Fraud and deception are among the most serious crimes affecting society, especially with the evolution of technology. These advancements often leave victims vulnerable to losing funds or sensitive data through illegal means. UAE Law places great emphasis on combating these crimes by imposing strict penalties on anyone proven to be involved in fraudulent activities, Hire a law firm and legal consultancy in the UAE.

Below, we explore the types of fraud, legal penalties, and how victims can protect their rights with the assistance of Samaha Law Firm & Legal Consultations. Contact Us.

Definition of Fraud and Deception in UAE Law

Fraud is defined as the appropriation of another’s property through trickery or fraudulent means with the intent to deceive the victim. These means include:

  1. Assuming a false identity or capacity.

  2. Making false promises.

  3. Creating fake websites or social media accounts.

  4. Issuing bounced checks (insufficient funds).

  5. Online or phone scams.

Article 451 of the UAE Crimes and Punishments Law addresses these crimes, stating that penalties include detention and fines for anyone who misappropriates movable property, benefits, or signatures through fraudulent means that deceive the victim into surrendering them.

Aggravated Penalties: Penalties are intensified if the stolen funds belong to the state, if a professional position was exploited, or if the victims are minors or people of determination.

Furthermore, Article 40 of the Cybercrime Law stipulates that electronic fraud is punishable by:

  • Detention for at least one year.

  • A fine between AED 250,000 and AED 1,000,000.

Elements of the Crime of Fraud

For a conviction to occur, three legal elements must be established:

  1. The Material Element (Actus Reus):

    • The Act of Fraud: Changing facts to mislead the victim.

    • The Result: The victim transferring property to the perpetrator.

    • Causal Link: Proving that the fraudulent method was the direct cause of the victim’s loss.

  2. The Moral Element (Criminal Intent):

    • The perpetrator must have acted willfully, knowing the act was fraudulent and intended to seize the victim’s money.

Common Types of Fraud Cases

  • Real Estate Fraud: Selling unlicensed units or selling the same property to multiple parties.

  • Cyber Fraud: Using fake websites or phishing messages to steal data or money.

  • Commercial Fraud: Selling goods or services that do not meet legal specifications.

  • Check Fraud: Issuing checks without balance to evade payment.

Why Choose Samaha Law Firm & Legal Consultations?

If you fall victim to a scam, appointing a specialized law firm and legal consultancy in the UAE is crucial.

Samaha Law Firm is recognized as a leader in this field, known for:

  • The Best Fraud Law Firm in the UAE: Extensive experience in handling complex financial crimes.

  • Expertise in Asset Recovery: A proven track record of tracking perpetrators and recovering stolen rights.

  • Comprehensive Support: Following cases from the initial report through to court judgment and execution.

Steps to Filing a Fraud Complaint

  1. Gather Evidence: Collect messages, bank transfers, witness statements, and documents.

  2. Police Report: Register an official complaint at the nearest police station.

  3. Appoint a Criminal Lawyer: Hire a specialist from Samaha Law Firm to file a lawsuit.

  4. Court Proceedings: Monitor the case through the judicial system until justice is served.

Public Interest (Public Right) in Fraud Crimes

In the UAE, the “Public Right” refers to the state’s right to penalize offenders to protect public order and social security. Even if a victim waives their private right, the state may pursue the public right to deter others and ensure community safety.

Hire a law firm and legal consultancy in the UAE

Conclusion: In an era of sophisticated scams, legal awareness and swift action are your first line of defense. Consult Samaha Law Firm & Legal Consultations—your trusted legal partner in the UAE—to ensure a strong defense and the restoration of your rights. Contact Us.

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Legal Consultancy in Ajman for Compensation Cases

Legal Consultancy in Ajman for Compensation Cases

Choosing a specialized compensation Legal Consultancy in Ajman is the key to guaranteed recovery of your rights in criminal or civil cases involving damages.

A professional firm provides the necessary legal support to claim and obtain compensation for damages through a court judgment.

The Legal Framework with a Legal Consultancy in Ajman

Under UAE law, you have the right to claim compensation for both material and moral damages. According to Article 76 of the UAE Civil Code, you can file a lawsuit for negligence and demand compensation for the resulting harm.

To file a successful claim, you must understand the legal framework and prepare all required documentation. If you are unsatisfied with an initial decision, you can appeal before the court.

Following these professional steps with a legal consultancy in Ajman ensures you are positioned to recover any loss or injury.

Key Cases Handled by a Legal Consultancy in Ajman

When consulting Samaha Law Firm, a premier legal consultancy in Ajman, the types of cases typically handled include:

  1. Criminal Damages: Compensation resulting from illegal acts such as assault, kidnapping, or physical injury.

  2. Traffic Accidents: Cases involving criminal elements like reckless driving, where a criminal conviction serves as a basis for civil compensation.

  3. Civil Actions Joined with Criminal Cases: Allowing a specialized lawyer to claim compensation within the criminal proceedings.

  4. Moral Damages: Claims for defamation or loss of social standing, based on Article 293 of the UAE Civil Code.

  5. False Accusations and Libel: Seeking damages if an accusation is proven false or malicious.

  6. Homicide or Major Injuries: Applying the Diyyah (Blood Money) system as a fundamental part of compensation for the victim or their family.

Steps to Filing a Claim via a Legal Consultancy in Ajman

The typical path to securing compensation in Ajman includes:

  • Filing a Criminal Complaint: Reporting the incident to the police or public prosecution to initiate an investigation.

  • Civil Action within Criminal Proceedings: Requesting civil compensation during the actual criminal trial.

  • Independent Civil Lawsuits: If not attached to a criminal case, a separate civil suit can be filed after the criminal trial ends.

  • Litigation and Proof: Presenting evidence for the judge to estimate the compensation amount based on material and moral harm.

  • Execution of Judgment: An execution lawyer follows up with authorities to ensure the convicted party pays the awarded amount.

  • Appeals: If the judgment is unsatisfactory, an appeal can be filed based on a meticulous review by a specialized attorney.

Documents Required for Compensation Claims

Before starting your case with a legal consultancy in Ajman, ensure you have:

  • Police reports or investigation minutes.

  • Final criminal judgments (if available).

  • Medical reports specifying the type of injury and disability percentage.

  • Receipts for medical expenses and treatment bills.

  • Identity documents (Passport/Emirates ID) and residency proof.

How Can a Legal Consultancy in Ajman Help You?

By seeking the professional support of Samaha Law Firm, you benefit from:

  • Accurate Case Assessment: Determining your eligibility for compensation based on facts and laws.

  • Expert Drafting: Preparing legal memos that ensure court acceptance.

  • Coordination with Authorities: Working with the police and prosecution to align criminal and civil tracks.

  • Post-Judgment Execution: Ensuring the compensation is actually paid through judicial enforcement agencies.

Compensation cases in Ajman require a deep understanding of the legal landscape. Choosing a legal consultancy in Ajman like Samaha Law Firm is a smart move for anyone seeking to protect their rights.

Do not let your rights slip away; contact the experts today to represent you with efficiency and achieve the best results under UAE law. Contact Us.

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Legal Procedures for Divorce in the UAE Samaha Law Firm

Legal Procedures for Divorce in the UAE | Samaha Law Firm

To regulate the marital relationship between spouses when one decides to separate from the other, the UAE law plays a major role in ruling on marital separation and has shown great flexibility in dealing with family issues, whether for Muslim or non-Muslim couples.

Samaha Law Firm can assist with Divorce in the UAE, cases of all types.

Types of Divorce in the UAE

The types of divorce in the UAE are classified based on their effect on the marriage contract and the extent to which reconciliation is permissible, as well as the religious status of both spouses.

The types of divorce in the UAE are structured to achieve a balance between the rights of both parties, taking into account the rules derived from Islamic legislation for Muslims and the application of civil law for non-Muslims.

The main classifications of divorce types in the UAE are as follows:

  1. Revocable Divorce (Talaq Raj’i): This type of divorce occurs after the first or second pronouncement. It maintains the marital bond during the wife’s waiting period (iddah), allowing the husband to take his wife back without a new contract or dowry as long as her iddah has not ended.
  2. Irrevocable Divorce (Talaq Ba’in): This type of divorce immediately dissolves the marital bond between spouses upon its occurrence and is divided into two categories:
    • Minor Irrevocable Divorce (Ba’inuna Sughra): This occurs if the husband does not take his wife back during her iddah after the first or second pronouncement. In this case, she can only return to him with a new contract and dowry.
    • Major Irrevocable Divorce (Ba’inuna Kubra): This occurs after the third pronouncement. The divorced woman cannot remarry her ex-husband unless she has been fully married to another man in a valid marriage, consummated the marriage, and then divorced from him and completed her iddah.
  3. Judicial Divorce: This type of divorce is granted by a court order due to legitimate reasons such as harm, absence, or failure to provide financial support.
  4. Divorce by Khul’ (Khula): This type of divorce occurs at the wife’s request in exchange for her giving up some or all of her financial rights. It requires the husband’s consent or a court ruling if he refuses.
  5. Civil Divorce: This type of divorce applies to non-Muslims in accordance with the provisions of Federal Law No. 41 of 2022 concerning personal status for non-Muslims.
    It is ruled on through civil procedures that ensure legal protection for both parties.

Conditions for Divorce According to UAE Law

The conditions for divorce in UAE law vary depending on the type of divorce.

However, there are specific regulations that govern the occurrence of divorce and protect the rights of both spouses.

The most important of these conditions are:

  1. Divorce is not valid if pronounced by a person who has lost their mental capacity, whether permanently or temporarily, such as in cases of drug or alcohol use that lead to a loss of control over one’s mind and will.
  2. Divorce is prohibited if it occurs under duress or in a state of extreme anger, where the husband has lost control of his actions and words, as this does not reflect a true and valid intention to divorce.
  3. Divorce is only valid within a valid, complete marriage contract and with a woman who is not in her waiting period (iddah).
  4. Divorce cannot be issued during the iddah period resulting from a previous divorce or an invalid marriage, to protect the woman’s rights and maintain the stability of the marital relationship during these sensitive periods.
  5. Divorce cannot be made conditional on a future event or linked to a specific event that has not yet occurred, unless the actual intention to divorce is proven at the moment of the pronouncement, which ensures the decision’s validity and sincerity.
  6. In an absentee divorce: The husband’s absence from his wife must be for a continuous period of 180 days without a valid reason,
    which entitles the wife to file a divorce case based on his absence. Samaha Law Firm can assist in completing these procedures correctly.
  7. Divorce is prohibited if it is made in the form of an oath or a vow without a serious intention to end the marriage. UAE law prohibits the verbal exploitation of the right to divorce under such circumstances to preserve stable and lasting family ties.

Divorce Procedures in the UAE

Before initiating divorce proceedings in the UAE, the law allows for opportunities for an amicable resolution of disputes between spouses while providing clear and fully transparent legal guarantees.

If the situation escalates, divorce procedures are initiated according to the following steps, which Samaha Law Firm can help with:

  1. Filing a divorce petition with the competent court. The petition must state the reasons for the claim in accordance with the divorce conditions stipulated in Law No. 41 of 2024.
  2. Notifying the other party of the divorce petition to allow them an opportunity to respond or object. The court will then hear the statements of both parties to listen to their viewpoints and rule between them.
  3. Conducting hearing sessions during which the submitted evidence and documents are examined, with attention to assessing whether the reasons for divorce meet the legal criteria.
  4. Attempting reconciliation between the spouses through judicial mediation sessions. UAE law strives to provide many opportunities for reconciliation before ending the marital relationship permanently.
  5. Issuing a divorce judgment by the court based on a full assessment of the circumstances and evidence, and ensuring that all legal conditions are met, including custody and alimony rights.
  6. Registering the divorce judgment in official records. Legal documents are issued to formalize the end of the marriage contract between the parties, providing clear legal protection and preventing future disputes.

To ensure the smooth operation of legal procedures in the UAE and to avoid mistakes that could affect marital rights, you should contact Samaha Law Firm for legal consultations.

 Types of Divorce in the UAE Are Not Valid

Divorce is not valid if the husband has lost his mental capacity or voluntarily lost his mind, or if he is in a state of anger that prevents him from controlling his words.

Divorce is also not valid if the wife is menstruating or in postpartum bleeding and the husband was aware of it.

Judicial Divorce

Definition of Judicial Divorce: Judicial divorce is a request for divorce filed with the court due to harm, long-term absence, or a serious defect that prevents the continuation of married life between spouses.

The Difference Between Revocable and Irrevocable Divorce in the UAE

Revocable divorce allows the husband to take his wife back during the iddah period without the need for a new marriage contract, whereas irrevocable divorce ends the relationship permanently and does not allow for a return except with a new contract and dowry.

In the UAE, you can get specialized legal family consultations through Samaha Law Firmm Contact Us.

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Petition for Reconsideration in UAE Law

Conditions and Procedures for a petition for reconsideration in UAE Law

The petition for reconsideration in UAE Law before the UAE Supreme Court in the legal system of the United Arab Emirates is one of the exceptional legal remedies that allows a convicted person to review final judgments that have acquired absolute legal force.

This method may be used in certain cases where specific legal reasons exist, such as a serious error, fraud, forgery, or the emergence of new evidence that was not available during the trial which issued the judgment in question.

What is a petition for reconsideration before the UAE Supreme Court ?

Within the UAE judicial system, the petition for reconsideration in UAE Law (Criminal Cassation Chamber) represents a non-ordinary appeal mechanism that permits a party to reopen a case that has already been decided. When grave mistakes appear, or new evidence surfaces that was not previously available, the law allows the reopening of the case to restore justice under the provisions of the UAE Criminal Procedure Law.

Conditions for accepting a petition for reconsideration before the UAE Supreme Court

For your petition to be accepted, both procedural and substantive conditions must be met:

  • Procedural conditions

    The petition must be submitted within the legally specified timeframe (usually within 3 months of discovering the reason for the petition). It must be filed through a written memorandum with the Public Prosecution and then referred to the Criminal Cassation Chamber.

  • Substantive conditions

    The petition must be based on one of the legal grounds such as fraud, forgery, or the emergence of new decisive evidence.

Procedures of filing a petition for reconsideration before the UAE Supreme Court

The process of filing a petition for reconsideration in UAE Law follows several organized legal steps beginning with the submission of the request to the Federal Public Prosecution as the competent authority under Article (190) of Federal Law No. 35 of 1992 on Criminal Procedures and its amendments. Key steps include:

  1. Preparing a detailed legal memorandum clearly explaining the reasons for the petition for reconsideration before the UAE Supreme Court, with supporting documents such as prior judgments, new evidence, or proof of fraud/forgery.

  2. Submitting the memorandum to the Federal Public Prosecution either electronically or in paper form, including the basic information of the plaintiff and defendant.

  3. The Prosecution examines the request and, if legally valid, refers it to the Supreme Court.

  4. The Supreme Court reviews the request and either accepts it to proceed with reconsideration or rejects it if legal requirements are not met.

  5. Only parties to the final judgment can file the petition, and it is allowed only if the judgment is final and not subject to other ordinary appeals.

Seeking assistance from a specialized law office such as Samaha Law Firm for Legal Consultations in such matters is crucial to ensure compliance with formal and substantive requirements and to increase the likelihood of acceptance.

Judgments eligible for a petition for reconsideration before the UAE Supreme Court

A petition for reconsideration before the UAE Supreme Court may only be filed against final judgments, provided that:

  1. The judgment was based on forged documents or testimony.

  2. It contains material errors or contradictions.

  3. It was issued against a person who was not properly represented.

  4. It caused serious harm not legally corrected at the time of issuance.

Fees for filing a petition for reconsideration before the UAE Supreme Court

The fees for filing a petition for reconsideration in UAE Law are symbolic compared to the importance of this legal remedy.

The UAE Ministry of Justice has set the filing fee at only AED 20, payable through official electronic platforms when submitting via the Public Prosecution or competent court.

However, these fees do not cover other expenses such as attorney fees or document preparation, making consultation with Samaha Law Firm for Legal Consultations essential before filing.

Legal grounds for a petition for reconsideration before the UAE Supreme Court

The main grounds include:

  1. Fraud that influenced the judgment.

  2. Testimony or documents proven to be forged after the ruling.

  3. Emergence of important documents not available at the time of trial.

  4. A judgment granting more than what was requested or ruling on issues not requested.

  5. Contradictions within the judgment itself.

  6. A ruling against a person not legally represented.

  7. Failure to include a necessary party who would have been directly affected by the judgment.

Judicial precedents of petition for reconsideration before the UAE Supreme Court

Judicial precedents show that UAE courts take the petition for reconsideration before the UAE Supreme Court seriously whenever its legal grounds are met.

For example, a case in Ras Al Khaimah in 2007 involved a defendant filing a petition after a deportation order was issued against him. He submitted documents proving lawful entry into the country before the alleged crime.

The Supreme Court accepted the petition and annulled the judgment, reflecting the flexibility of the UAE judiciary in correcting decisions when new evidence emerges.

Role of lawyers in a petition for reconsideration before the UAE Supreme Court

A specialized lawyer plays a vital role by:

  • Assessing the validity of the petition.

  • Drafting the petition in precise legal form.

  • Filing the case and attending hearings.

  • Ensuring proper notification of all parties.

  • Following up on the outcome, whether annulment, retrial, or acquittal.

Filing a petition for reconsideration before the UAE Supreme Court is an exceptional legal step that requires deep understanding of procedural and substantive rules. By meeting all conditions and submitting within the legal deadlines, a convicted person may pursue justice.

For the best chance of success, consulting Samaha Law Firm for Legal Consultations ensures accurate preparation and strong representation in these critical cases. Contact Us.

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Absence-Based Divorce in the UAE Procedures Samaha Law Firm

Absence-Based Divorce in the UAE Procedures | Samaha Law Firm

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.

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Compensation for damages in the UAE Samaha

Compensation for Damages Cases in the UAE | Legal Solutions from Samaha Firm

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.

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Proof of property ownership in the UAE

Proof of Property Ownership in the UAE: A Comprehensive Legal Guide

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.

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Best Legal Consultation Lawyer in Abu Dhabi for Online Defamation and Slander Cases

Best Legal Consultation Lawyer in Abu Dhabi for Online Defamation and Slander Cases

The widespread adoption of the Internet in Abu Dhabi, with usage rates reaching up to 99% of the population, has made online slander and defamation crimes one of the greatest challenges requiring the Best Legal Consultation Lawyer in Abu Dhabi.

These crimes include publishing offensive words or images that touch upon honor, religion, or reputation via digital platforms, leading to rapid and widespread dissemination.

In 2025, several amendments were added to the laws to keep pace with developments, such as the use of artificial intelligence in detecting offensive content, as reported by the Telecommunications and Digital Government Regulatory Authority (TDRA).

What is Online Slander and Defamation (Cyber Libel)?

Online slander and defamation are not isolated incidents. These cases now constitute 25% of cybercrimes, according to police statistics.

This continuous increase necessitated the establishment of specific laws, as a single post can garner thousands of views, causing significant harm.
The law always deals strictly with these crimes.

If you need to obtain legal consultation in Abu Dhabi, you should contact the Samaha office,We are the Best Legal Consultation Lawyer in Abu Dhabi for online slander and defamation cases.

Defining Slander and Defamation by the Best Legal Consultation Lawyer in Abu Dhabi

Online slander and defamation constitute the misuse of digital means with the intent to harm the reputation of others.

Slander is defined as attributing insulting words to a person without citing a specific incident, such as (vile or corrupt),
while defamation (Qadhf) is the attribution of an untrue incident that exposes the person to contempt or punishment,
such as accusing them of theft or corruption.

In the electronic context, this occurs through publishing posts, comments, or private messages on social media,
as happens in cases of slander on platforms like TikTok or Snapchat.

According to Article 43 of the Federal Decree-Law No. 5 of 2024 on Combating Rumors and Cybercrimes,
any use of the information network to attribute such actions is considered a crime.

The key difference lies in the attribution: Slander is general, while Defamation is specific.

In these situations, you require the Best Legal Consultation Lawyer in Abu Dhabi.
This may also include mass public shaming via hashtags.

The Legal Framework in Abu Dhabi for Online Slander and Defamation

The law in Abu Dhabi utilizes a combination of federal and local legislation to counter cyber slander and defamation, based on the Cybercrime Law (Federal Decree-Law No. 34/2021), which defines cybercrimes as any misuse of the information network.

The law also supports the protection of Personal Data (Federal Law No. 45/2021), which criminalizes online privacy violation. During 2025,
amendments were added that oblige international platforms like Meta to remove offensive content within 24 hours.

Penalty for Online Slander and Defamation in Abu Dhabi

The penalty for online slander and defamation in Abu Dhabi is among the most deterrent, highlighting the severity of the crime against society.

According to Article 43 of Law No. 5 of 2024, the perpetrator is subject to imprisonment and a fine of not less than AED 250,000 and not exceeding AED 500,000.

If the slander or defamation is against a public official or occurs during the performance of their duty, the penalty is aggravated,
as per Article 2 regarding defamation related to honor or chastity within the limits of Sharia, along with civil compensation.

Legal Consultation in Abu Dhabi: Admissible Evidence in Cyber Slander and Defamation Cases

The process of proving online slander and defamation relies on reliable digital evidence.

Admissible evidence includes:

  • Screenshots: With date and time, and must be certified through programs like Adobe Acrobat or a certification from the service provider.

  • Platform Records: Official requests to Facebook or Twitter for IP addresses and login records, often conducted through TDRA procedures.

  • Witness Testimonies: Statements from individuals who viewed the post, supported by their phone numbers.

  • Expert Analysis: Technical reports proving forgery or dissemination, especially in deepfake cases.

  • Archived Content: Backups of messages or posts before deletion.

Legal Consultation in Abu Dhabi: How to File an Online Slander and Defamation Complaint in Abu Dhabi

To file a complaint regarding online slander and defamation in Abu Dhabi, you must follow some quick and easy steps,
with electronic options available for privacy. The main steps are:

  1. Gathering Evidence: Preserve screenshots, links, and recordings.

  2. Choosing the Channel (Police or TDRA).

  3. Filling the Form: Specify the perpetrator (name or account), describe the crime, and attach evidence.

  4. Investigation: The police conduct the preliminary investigation, followed by the Public Prosecution.

  5. Trial: Referral to the Criminal Court, in addition to civil compensation claims.

The complaint must be submitted within 3 months of the crime, according to the procedures law.

In 2025, the (Safe Report) service was launched for anonymous reporting.
Contact the Best Legal Consultation Lawyer in Abu Dhabi for cyber slander and defamation cases.

The Importance of Legal Consultation in Abu Dhabi for Cyber Slander and Defamation Cases

Law firms like Samaha play a crucial and clear role in cyber slander and defamation cases, particularly in Abu Dhabi. We can assist you with services that include: preliminary consultations to assess evidence, drafting complaints, representation before the Public Prosecution and courts, and requesting compensation.

The Importance of Legal Awareness in Social Media Usage

Cyber slander and defamation crimes pose a real and clear threat in Abu Dhabi, but strict legislation and effective procedures provide strong protection—from definition to penalties and evidence.

It is clear that prevention starts with awareness: check privacy settings, avoid offensive posting, and consult a specialist when in doubt.

With the help of 2025 campaigns like (Communicate Safely), users are encouraged to take responsibility in the digital world to preserve dignity, as it is a shared responsibility.

The Emirate of Abu Dhabi strives to build a safe community that protects everyone.

Given the widespread adoption of technology and social media, cyber slander and defamation cases require greater legal awareness and responsibility in dealing with the digital space.

Through the tightening of legislation in Abu Dhabi and the development of user protection mechanisms, resorting to specialists has become a necessity to ensure your rights and properly defend your reputation.

Therefore, if you have been subjected to any digital abuse or need to accurately understand your legal position, be sure to obtain legal consultation in Abu Dhabi from experienced lawyers to ensure you take the correct measures and fully protect your rights within the framework of the law.

Contac Us at Samaha.

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