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Family and Inheritance Lawsuits
Family and Inheritance Lawsuits in Abu Dhabi, UAE
Family and inheritance lawsuits encompass a wide range of legal disputes arising from personal status matters, including marriage, divorce, child custody, alimony, and inheritance. These lawsuits play a crucial role in resolving disputes, protecting individuals’ rights, and ensuring justice within the family structure.
Any resident holding a nationality other than that of the United Arab Emirates has the right to request the application of laws in the UAE if they believe these laws will serve their interests. This can be done by submitting a certified copy of the relevant laws from their country’s embassy and the UAE Ministry of Foreign Affairs.
Non-Muslim residents in the UAE also have the right to resort to the Personal Status Law for Non-Muslims applied in the country, concerning marriage, divorce, inheritance, wills, and proof of lineage, if none of them insists on applying their personal laws.
It is noted that these rights are granted under the laws specified in Articles 12, 13, 15, 16, and 17 of Federal Law No. 5 of 1985 regarding the Civil Transactions Law and its amendments, which allow the parties to apply other legislation governing family or personal status instead of UAE federal laws in this regard. However, the provisions of the federal law remain applicable to new circumstances, and the Gregorian calendar is adopted for calculating periods.
Scope of Family and Inheritance Lawsuits:
Family and inheritance lawsuits cover various issues, including:
Marriage and Divorce
These lawsuits involve disputes related to marriage contracts, divorce procedures, annulment (the wife’s right to seek dissolution), and nullity of marriage.
Child Custody
These lawsuits involve determining primary custody of children after divorce or separation, addressing visitation rights, and addressing issues related to child protection.
Alimony
These lawsuits deal with financial obligations arising from marriage, including spousal support and child support.
Inheritance
These lawsuits relate to the distribution of assets and properties after someone’s death, resolving disputes among heirs, and ensuring compliance with inheritance laws.
Application of Relevant Laws
In the United Arab Emirates, the application of personal status and inheritance laws depends on the personal status of the parties involved. For Muslim residents, Islamic law governs these matters, while non-Muslim residents may choose to apply the laws of their home country or resort to the Personal Status Law for Non-Muslims applicable in the UAE.
Experience and Legal Representation
Addressing the complexities of family and inheritance lawsuits requires specialized legal expertise. Nawal Eissa Alzaabi Law Firm provides comprehensive legal services in this field, with a team of competent and experienced lawyers dedicated to protecting your rights and achieving positive outcomes.
Our Services:
We offer a comprehensive range of legal services related to family and inheritance issues, including:
Legal Consultations
We provide in-depth legal consultations to assess your case, explain your legal options, and develop a customized strategy for you.
Drafting Legal Documents
We meticulously draft contracts and other legal documents to effectively represent your interests in court.
Court Representation
We represent you vigorously in court proceedings, providing compelling arguments and safeguarding your rights throughout the legal process.
Negotiation and Settlement
We negotiate skillfully with other parties to reach amicable settlements.
Family and Inheritance Lawsuits in Abu Dhabi FAQ
What law is applied to my family and inheritance lawsuits?
The law applied to your family and inheritance lawsuit depends on several factors, including:
Spouses’ Religion: For Muslim residents, Islamic Sharia law generally applies to family and inheritance lawsuits. As for non-Muslim residents, they can choose to apply the laws of their home country to family and inheritance lawsuits, provided that a certified copy of these laws is submitted to the court.
Existence of a Written Agreement: Non-Muslim spouses may enter into a written agreement before or after marriage specifying the law they wish to apply to personal status and inheritance matters in case of a dispute.
Can a family and inheritance lawsuit be resolved amicably without resorting to courts?
Yes, it is always possible to attempt an amicable resolution of family and inheritance lawsuits without resorting to courts. In fact, courts encourage parties to negotiate and reach a friendly settlement to save time, money, and effort. Our law firm has a specialized team in mediation and negotiation to assist in reaching mutually beneficial solutions that meet the needs of all parties involved.
If you are facing a family or inheritance dispute, do not hesitate to contact our law firm. We are ready to provide specialized legal consultations and assist you in taking the necessary legal steps to protect your rights.
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