Guide’s Part One in Family Cases

 Introduction to the guide

In this article, we will direct you to better comprehend the legal process which is pursued in most family disputes.

Initial stage for divorce: Family Guidance Committee

The first stage of the authorized process for divorce is the Family Guidance committee. The local courts cannot be approached by citizens directly in family matters. In such cases, a no-objection certificate or a transfer letter must be attained by the Family Guidance committee preceding to approaching the courts. This is measured as a significant step as they attempt to decide any matters cordially between the husband and the wife due to the important of the family in the social context.

1. While impending the family guidance committee, the claimant requirements are to take the following documents with him/her:

- Emirates ID

- Original Marriage certificate/ Contract

2. Once the claimant has headed with the above documents, the Family Guidance committee provides a date for the hearing to the other party. At this phase of the process, the husband and the wife are requisite to come into view in person before the committee and cannot be characterized by family members or divorce lawyers in Dubai.
3. If the further party does not concentrate on the hearing date, the Family Guidance committee may grant one more date previous to issuing the No Objection letter or Transfer Letter to file the family case.
4. When such a notice is established by the respondent, it is harshly advised that the Respondent seeks lawful advice previous to the hearing date and make an initial appointment with a divorce lawyers in Dubai of good repute to assess the special effects of the claim and how he needs to react.
5. Care must also be taken concerning the moral and cultural codes of the UAE while forthcoming the family guidance committee or any court in the UAE. Both men and women must dress properly and in keeping with the cultural norms of the UAE.
6. If both parties focus and no amicable solution are reached, the Family Guidance committee shall subject a No Objection Letter or Transfer Letter to the claimant. This NOC permits the claimant to file the case in court and start the legal process of divorce.
7. In the event that the Parties are capable to reach an agreeable solution, and are willing to sign a settlement agreement to that result, it is strongly advised that they look for the assistance of a lawyer at that point. The settlement agreement in this case is signed prior to the judge from the Family Guidance Department and kept in their file for all future orientation and two copies are given to the Parties.
8. We have practiced that some parties notice the settlement agreement without taking advice from a specialized lawyer, and this has direct to some very serious consequences for the parties and their future as well. It is cautious to mention here that such settlement agreements cannot be adjusted unless both parties sanction to the amendment.