Personal status finds its origin in Roman Law. The Roman Law system is divided into two divisions, personal status and objective status. Former status refers to characteristics that determine an individual’s personal, social, and legal status, while latter status is referred to the financial status of an individual.
What is Personal Status Law?
“Personal status is defined as characteristics and descriptions which determine an individual’s personal and legal status and identity as well as the assignments of the person in society.”
In simpler words, it is referred to as the descriptions that are only related to self and are not related to the occupational and social status of the person. Therefore, it is not interchangeable with money. We can go one step ahead and say it is not exchangeable at all. On the other hand, objective status is related to financial issues, which is exchangeable in nature.
Personal status law in UAE
In the UAE, personal status law deals with many personal status matters such as marriages, separations, guardianship, and succession. The personal status law in UAE heavily derives its rulings from Sharia (Islamic law) following the Imam Malik School of Thought. Personal status laws and family law together govern the entire personal status of an individual’s birth to death for both Muslims and non-Muslims. The sharia-based personal status law can be applied to non-Emiratis as well unless they chose their home country’s law.
At Bin Eid Advocates and Legal Consultants, we provide legal consultations and representation in all cases related to personal status, family matters, and disputes. Regardless of your nationality or religion, we bring the best and effective solutions to your legal problems.
We offer expert legal advice and solutions on the following matters:
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Personal status lawyers in the UAE
A personal status lawyer deals with a range of legal matters mentioned above. Personal status law is tricky and often leaves common people confused and overwhelmed. If you are encountered with any such legal problems, it is always advisable to hire a personal status lawyer in Dubai. Our lawyers in Dubai can be your most valuable assets in such situations.
In addition to our specialized legal assistance, we maintain the highest standards of confidentiality. We understand that each case related to personal status and family law is too personal and requires individualized attention.
Some of the necessary legal matters that are covered under Personal Status Law in the UAE.
1. Marriage and separation: In UAE, marriage, and divorce are primarily governed by the Sharia for Muslims (expats or nationals). Non-Muslims have the option to request the UAE courts to apply the laws of their home country. There are other sets of rules when both couples are from separate religions. UAE being home to expats from multiple nations has made room for every individual to follow the traditions of their home countries, but all guided by the Sharia principle. It might get confusing for common people to understand personal status laws governing marriage and divorce in the UAE.
A marriage lawyer in UAE can prove to be great assistance to you. They can assist you in the following situations.
- Preparing and filing marriage registration documents.
- Filing for separation procedures and other matters related to it such as child support, alimony, etc.
- Drafting and negotiating post-nuptial agreements between married couples.
2. Will and Inheritance: If you have assets and money in UAE, which you wish to divide, or donate as per your wishes, registering a Will can be a wise decision. Irrespective of your residential or religious status in UAE, if you fail to register a Will, the Sharia law gets applicable by default to all your property. This can leave your loved ones at the discretion of the local judge after your demise. Moreover, for expats, the legal Will registered in their home country is generally not considered in the UAE.
Nobody wants their family to suffer after their demise. So, it is extremely crucial for you to register a Will with UAE personal status courts. You can mention the following instructions in your Will.
- Division of assets
- Appointment of guardian for your children
- Contribution to charitable organizations
- Funeral arrangements
3. Adoption: The Sharia law prohibits adoption in Islam, which makes adoption illegal in the UAE. However, there are provisions in the law that allows Emiratis and Muslims to be a foster parent. The expats are also allowed to adopt a child from their home country. The adopted child is entitled to enjoy all the legal benefits of a biological child.
4. Domestic Abuse: Domestic abuse (verbal or physical) against women or children is considered a criminal offense in the UAE. Even a man can seek legal help if he has been subjected to abuse by his wife or her family members. Matters like these require to be handled with a great deal of sensitivity and discretion. Most reputed family and personal status lawyers in Dubai and other parts of UAE are well-accustomed to handling such cases.
Personal status court Dubai (UAE)
All the matters covered under personal status law are handled at the Personal status court in Dubai. The Dubai personal status court is a specialized legal department that deals with legal matters related to family affairs and issues with personal status. The court is an essential pillar in the judicial service system that enforces and assists the Dubai government’s efforts to improve social services.
Below are the contact details of personal status court in Dubai.
Address: 7, 40 St- Garhoud, Dubai.
Phone: +971 4 334 7777
Website: https://www.dc.gov.ae/PublicServices/
Conclusion
Personal status law, as the name itself suggests, deals with personal and inherently sensitive matters. The UAE government has implemented all the necessary guidelines to make it inclusive for all the different nationalities residing in the nation. However, to get proper guidance and legal solution, it is imperative to keep yourself informed. In best-case scenarios, hire a lawyer to help you.