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The legislator realized the seriousness of this situation, which called to set controls and solutions to confront this phenomenon, so family guidance committees were established in the courts with the aim of reuniting families and resolving family disputes, addressing and reforming them by friendly means. These committees try to reach an understanding with the two parties and make an amicable agreement with them to reach ideal solutions that satisfy both parties, and meeting the family counselor is mandatory before initiating divorce procedures.
The legislator, recognizing the gravity of divorce, custody, and alimony issues, established family guidance committees in courts to resolve family disputes amicably, prioritizing family reunification and optimal care for children.
First: Divorce:
- If the family counselor is unable to reach an amicable settlement between the spouses, whether by resolving the family dispute or reaching an amicable divorce, the dispute shall be referred to the court.
- The laws of the United Arab Emirates derived from Islamic Sharia apply to the divorce of the husband and wife of citizens or Muslims residing in the country, as well as if the husband is Muslim and the wife is not.
- If foreign spouses want to resort to the laws of their country, they must request that from the court.
- There are many reasons for asking for divorce, including divorce for material or moral damage, impossibility of marriage, sterility, desertion, inability to spend, polygamy and other reasons.
Second: Custody:
- The custody is basically to preserve the right of the child and to ensure optimal care for him or her.
- Custody is granted to the mother, with the father retaining the right of guardianship. The mother’s custody period ends when the son reaches eleven years, and the daughter thirteen years, unless the court decides to extend it in the interest of the children, until the son reaches the age of puberty, or the daughter gets married.
- The court may waive the right of custody from the mother for several reasons, such as the difference of religion, marriage to another person, proof of her inability to raise and care for the child, dishonesty and other reasons for which the court may consider that it is in the child’s interest to forfeit the right of custody from the mother.
Third: Alimony:
- Marital alimony is all what that the husband is obliged towards his wife, such as food, clothing, medicine, and accommodation. The wife’s right to alimony is forfeited if she withholds herself from her husband without a legitimate excuse, or abandons the marital home, or prevents the husband from entering the house, or refuses to travel with him, or is sentenced by a judgment restricting her freedom.
- In the case of divorce, the divorced woman has the remainder of the dowry and alimony if the divorce took place at the sole opinion of the husband without abuse from the wife or at the request of the wife due to the harm caused by the husband.
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