Someone I Know Was Arrested in Dubai — What Happens in the First 48 Hours?
The Direct Answer When someone is arrested in Dubai, UAE law gives authorities up to 48 hours to either release
Family law matters are among the most personal and sensitive legal issues anyone faces. At Hessa Al Hammadi Advocates, we handle divorce, child custody, maintenance, inheritance, and related matters with the discretion, empathy, and legal precision they require.
Family law in the UAE is governed primarily by Federal Law No. 28 of 2005 (Personal Status Law) for Muslim residents, with specific provisions applicable to non-Muslim expatriates. We are experienced in both the onshore Personal Status Courts and the DIFC Wills Service for estate planning matters involving expatriates.
All grounds and procedures under Federal Law No. 28 of 2005
Primary custody, visitation, and guardianship rights
Calculation and enforcement of financial support for children
Post-divorce financial entitlements
Muslim and non-Muslim succession rules
Non-Muslim expatriate estate planning with DIFC Wills Service
Drafting and enforceability under UAE law
Emergency protective measures
Cross-border custody and abduction matters
UAE divorce law distinguishes between several types of divorce. Talaq is a husband-initiated unilateral divorce. Khul’ is a wife-initiated divorce in which the wife typically returns the mahr (dower). Judicial divorce (Tafriq) is sought through the court on specific grounds including harm, abandonment, or failure to provide maintenance.
Under Article 70 of Federal Law No. 28 of 2005, the court must attempt reconciliation before proceeding with contested divorce. The process involves a mandatory conciliation phase before the case proceeds to substantive hearings.
For non-Muslim expatriates, Article 1 of Federal Law No. 28 of 2005 permits the application of the law of their home country to personal status matters. Our team advises expatriate clients on whether UAE or home country law better serves their interests.
UAE divorce law distinguishes between several types of divorce. Talaq is a husband-initiated unilateral divorce. Khul’ is a wife-initiated divorce in which the wife typically returns the mahr (dower). Judicial divorce (Tafriq) is sought through the court on specific grounds including harm, abandonment, or failure to provide maintenance.
Under Article 70 of Federal Law No. 28 of 2005, the court must attempt reconciliation before proceeding with contested divorce. The process involves a mandatory conciliation phase before the case proceeds to substantive hearings.
For non-Muslim expatriates, Article 1 of Federal Law No. 28 of 2005 permits the application of the law of their home country to personal status matters. Our team advises expatriate clients on whether UAE or home country law better serves their interests.
Custody (hadana) and guardianship (wilaya) are distinct concepts under UAE law. Hadana refers to the physical care of the child and is generally awarded to the mother during the child’s early years (boys until 11, girls until 13, subject to judicial discretion). Wilaya — legal guardianship including financial and educational decisions — remains with the father.
Courts apply the best interests of the child as the overriding principle and will consider factors including the child’s age, the living conditions offered by each parent, the child’s educational continuity, and, for older children, the child’s own expressed preference.
Under UAE law, Muslim estates are distributed according to Sharia inheritance rules (mirath). Non-Muslim expatriates may register a DIFC Will that allows them to designate beneficiaries and appoint guardians for minor children according to their chosen foreign law. Without a DIFC Will, a non-Muslim expatriate’s UAE assets will be distributed under Sharia.
We draft and register DIFC Wills for expatriate clients, including wills covering real estate assets, financial accounts, and guardianship appointments for children under 18.
A: Yes. If either spouse is resident in the UAE, the Dubai Personal Status Court has jurisdiction over divorce proceedings. The court will apply UAE law (or home country law for non-Muslims where applicable).
A: Leaving the UAE with a child without the other parent’s consent or a court order may constitute child abduction under UAE law. If you are planning to relocate with your child, you must obtain either the other parent’s written consent or a court order permitting relocation. We assist clients in obtaining the necessary court approvals.
A: A DIFC Will is a formal document registered with the DIFC Courts Wills Service that governs the distribution of your UAE assets and, if you have minor children, appoints guardians. Without one, your UAE estate will be distributed under UAE Sharia inheritance rules regardless of your nationality or religion. Any non-Muslim expatriate with UAE assets or children residing in the UAE should strongly consider registering a DIFC Will.
A: Maintenance (nafaqa) is calculated by the court based on the husband’s financial means, the wife’s needs, and the standard of living during the marriage. There is no fixed formula — the court exercises discretion. We submit detailed financial evidence to support appropriate maintenance awards.
A: In UAE family law, custody (hadana) refers to the physical care, daily upbringing, and residence of a child. Guardianship (wilaya) refers to legal decision-making authority over the child’s education, medical care, travel, and financial matters. Courts can award custody to one parent while granting guardianship to the other. UAE family court judgments often separate these two roles.
A: Under the UAE Personal Status Law, alimony after divorce includes idda maintenance (paid for approximately 3 months after divorce), mut’a (a lump-sum consolation payment based on the length of the marriage and the husband’s financial capacity), and child support (based on the father’s income and the child’s established lifestyle). For non-Muslim expats under the 2023 civil law, maintenance is negotiated based on mutual financial contribution, the length of the marriage, and the standard of living established during the marriage.
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