The purpose of the Family Steering Committee is to try to coordinate the parties before separating the parties in accordance with Article 98 of the Personal Status Act. Family counselors are not legally trained but have experience in mediation and counseling.
For Muslims in the UAE, divorce is a cancellation of a valid marriage contract between the two parties. Divorce can be done before the husband, or if the husband wields her rights in the marriage contract [Isma']. If the wife does not have the right to divorce her husband in the marriage contract, she may still do so for the purpose of "harm". The definition of injury is broad and includes the seven reasons for divorce listed below.
There are two ways to divorce:
1. The first is to announce Tarak ' [this means & I am divorcing you in Arabic]. Husband or wife [if she has "Isma'"] must say or write "I am divorced from you." Or Tarak ' in the presence of witnesses. For Muslims, this is an effective method of divorce in religion. However, since divorce is legally recognized, it should be registered in the court so that it can be legally based on legal evidence of divorce in court in the future. [Article 106 "Personal Status Law" stipulates that a divorce is valid when ... the judge authenticates him]. If there is a dispute over whether Talaq is declared, the witness will be able to testify in court. A spouse who declares Talaq to start a divorce will have a financial impact without the consent of the spouse.
2. The second method of obtaining a divorce is to apply to the court [' separate through the jurisdiction']. The applicant will issue a divorce case and the person will be referred to the Family Steering Committee, which is part of the court.
The purpose of the Family Steering Committee is to try to coordinate the parties before separating the parties in accordance with Article 98 of the Personal Status Act. Family counselors are not legally trained but have experience in mediation and counseling. They meet with both parties and submit the matter to the judge if they cannot resolve. The judge will then decide if there is a valid reason for the divorce. These include:
1. Separation due to defects
One. Depressions such as madness, leprosy, impotence and sexually transmitted diseases: One side can only rely on such "defects." If they do not find a defect at the time of marriage, they can be used as a reason for divorce. The court may postpone the case for up to one year to determine if the defect can be removed. [Article 113 "Personal Status Law"].
Bay Deception: If the parties have serious deception during the marriage formation. Therefore, if a party signs a marriage contract without knowing the fraud, they have the right to use it as a basis for divorce [Article 114 "Personal Status Law"].
2. Do not pay for the separation of the current dowry [' Mokadam']
3. Separation due to injury or doubt. A spouse has the right to request a divorce, and if he or she is harmed by the other party, the injury prevents the parties from living together [Article 117 "Personal Status Law"]. In this case, the court may direct the two arbitrators to investigate the reasons for the discord between the parties and report to the court. A financial error may be discovered if one party discovers a fault.
4. Separation due to lack of financial support during marriage: If the court determines that the husband has funds to support her but fails to do so, the wife has the right to request a divorce.
5. Separation due to absence of one party: If the husband is missing, the wife may have the right to divorce. However, the divorce decision will not be announced until one year after the date of the divorce petition, and the husband did not return during this period.
6. Separation due to imprisonment: If the husband is sentenced to more than three years in prison and he has been in jail for more than one year at the time of divorce, the wife has the right to divorce.
7. Separation due to abandonment [' Hajr']: If the husband leaves the family and does not return within 4 months of the wife's request, she has the right to divorce.
The waiting period [' Eddah'] is an important concept in Muslim divorce. This was the three-month period after Talaq was announced by the court. If the wife is pregnant, the waiting period does not end until she gives birth. During the waiting period, the wife must remain single. The purpose of the waiting period is to ensure that the wife is not pregnant, but it is also a period of reflection for the parties to decide whether there is a chance for reconciliation. Regardless of who filed the divorce lawsuit, the husband paid the wife during the waiting period.
There are two types of divorce that can be revoked and irrevocable. A revocable divorce will allow both parties to maintain a valid marriage until the end of the waiting period. After this time, if they want to reconcile, they must sign a new marriage contract.
An irrevocable marriage divorce ends the marriage once it occurs. There are two types of irrevocable divorce, irrevocable divorce and small intent, where a divorced woman can only reconcile with her husband and a new marriage contract and a dowry, or with an irrevocable divorce and a large divorce intention & #39; A divorced woman marries another husband, has sex with him, divorced him and waited until the end of that period before returning to her husband.
Orignal From: Divorce in the UAE
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