For lawsuits Personal status laws, particularly those relating to divorce, have a significant impact on families and society. For this reason, UAE lawmakers have sought to limit their impact through several measures.
according to Article 98 of Federal Law No. 28 of 2005 on Personal Status Law stipulates that courts must attempt to resolve family disputes before reaching a decision on the couple’s separation. There are many details related to family guidance, which we will discuss in some detail in this article.
conditions Divorce and family guidance in the UAE
There is There are many conditions related to family guidance and some other legal information that we will review in detail in the following lines:
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A divorce suit will not be accepted without family guidance.
It states Article No. (16) of the Explanatory Memorandum of Federal Law No. (28) of 2005 regarding the Personal Status Law stipulates that divorce proceedings may not be heard in the Personal Status Court unless they have been referred to the Family Guidance Committee.
If reconciliation is reached between the spouses, this reconciliation must be documented in the court minutes, signed by both parties, and then approved by the competent judge.
The memorandum indicated that the mediation letter and the settlement document have the force of an enforceable document and cannot be challenged in any way unless they violate the law.
- Family Reform Committees
Required The law establishes one or more family affairs steering committees within the Personal Status Court, as determined by the court president. Each committee will be supervised by judges, taking into account the following points:
– Personal status disputes, except for urgent temporary cases such as wills, inheritance, alimony, marriage certificates, divorce certificates, custody, and lawsuits to prove marriage or divorce.
Providing advice on personal status issues upon the request of the court concerned with the case.
– Considering the cases referred by the competent court after the approval of the parties to the case.
– Ruling on family cases based on decisions of a competent court.
– Considering personal status cases that have not been previously discussed.
What are the tasks of family guidance committees?
maybe Family guidance committees may only begin work in person or using remote communication technology.
If settlement is not possible and the two parties do not agree, the Authority will issue an electronic or paper certificate.
Determine The committee considers applications that have been previously discussed and not resolved.
If no dispute is raised within two months from the date of registration, the Authority will file the dispute.
What are family guidance agreements?
– He should Drafting the terms of the agreement according to the following conditions:
–Â The wording should be clear and free of ambiguity or vagueness.
– The terms must clearly reveal the intention and will of the parties and have only one meaning.
– The agreement must be consistent with and not violate the Personal Status Law.
– The terms of the agreement must be consistent with public morals and public order.
– You do The Family Guidance and Reform Department has the following tasks:
– Recording disputes in the registry after ensuring that there are no previous disputes between the same parties.
– If there is a previous dispute, the latest dispute is added to the previous dispute.
– Notifying the divorced woman of the divorce signed by the husband before the judge in her absence.
– Notifying the wife, in the event of her absence, of the return, certified by the husband’s testimony during the waiting period.
What are the conditions for appointing family guidance?
He should Those appointed as family guidance counselors must take an oath before the head of the court. They may only be appointed if the following conditions are met:
Hold a university degree in Sharia, sociology or psychology from a university recognized in the country.
Familiarity According to the provisions of Islamic Sharia law on family affairs and the provisions of personal status law that be married unless Under twenty-five years old
that He must be of good conduct and behavior and has never been convicted of a felony or crime involving dishonor or dishonesty unless he has been reformed or pardoned.
If there are any other conditions, they will be determined by the Director of Courts.
What are the duties of a family counselor?
- Family guidance workers must adhere to the following guidelines:
- Only disputes registered with the Family Reform and Guidance Department are considered.
- Listening and accepting all parties to the conflict, regardless of nationality, religion or sect.
- Recording the statements of the parties to the divorce or the rights of any party
- The record is submitted to the Family Guidance and Reform Department, and one party acknowledges any financial rights of the other party in relation to the dispute.
- Sign the family guidance record and ensure that both parties sign.
- If one of the parties refuses to sign the minutes, this must be proven.
Assignment The parties to the dispute shall submit any documents related to the subject of the dispute, such as a marriage contract, divorce documents, or any other final court ruling between the parties.
Stay away About anything that harms his professional reputation or casts doubt on his reputation
- Not to be exposed to any religious or sectarian disputes that may arise between the two parties.
- Not to deviate from the message of reform and guidance.
- Refrain from reporting any abuse, insult, or humiliation sent by one party to the other.
- Not to discuss any issues unrelated to the dispute between the two parties.
- He shall not be judged as a family counsellor in personal status cases that he previously considered.
What are the family reconciliation services in Dubai courts?
According to accordance with the legal provisions for establishing family affairs guidance committees in personal status courts, and based on Resolution No. (3) of 2021 approving the Dubai Courts’ Guide to Regulatory Procedures for Personal Status Cases, Dubai Courts aim to provide family reforms to enable litigants, husband and wife, to resort to family guidance and resolve family disputes to the extent possible before resorting to the judiciary.
And The Family Guidance Department of the Dubai Courts has set certain conditions within its jurisdiction, which include:
– One of the spouses must be a citizen, resident, or employee in the Emirate of Dubai.
– Show the original ID of the concerned party.
– Applicants must have completed 21 lunar years.
– If the party is under 21 years of age, a guardian or trustee must act on his or her behalf.
– Documents submitted electronically must be in PDF format.
– Documents must be legally translated into Arabic by a legal translator or entity accredited by the UAE Ministry of Justice.
– If the document is issued abroad, it must be certified by an official authority.
Given the above, it’s essential to consult the best lawyer in Dubai for legal advice related to your lawsuit. At Samaha Law Firm and Legal Consultancy, Law Firm, we offer optimal solutions for all matters related to family guidance and personal status law. Please feel free to contact us via various communication channels.
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