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Kingsley Napley’s Medical Negligence Team ‘walks together’ with the Dame Vera Lynn Children’s Charity
Sharon Burkill
In the year that coercive and controlling behaviour became a new basis for criminal prosecutions in England and Wales, it was interesting to read the recent blog by Hassan Elhais “Can I divorce my husband because he beat me?”, in which he reports that a criminal conviction that constitutes harm can be used as a ground for divorce in the UAE.
The idea that spending time with family at Christmas triggers marriage breakdown has always been overshadowed by the tensions for many of the long summer holidays. In the UAE, the summer has been very long indeed this year, starting with Ramadan in early June followed by the annual “migration” during the hottest summer months and now the holidays associated with Eid. Coupled with the economic pressures and uncertainties that have marched in time with the fall in oil prices, many ex-patriot families are thinking of heading home for good and some about divorce.
It comes as a surprise to many that it is not possible to bring any action or present any agreement to a court in the UAE in respect of a child born out of marriage (sometimes rather unkindly referred to as ‘illegitimate children’). This fact was established in the proceedings leading to the recent Court of Appeal decision in Re B (Children) [2015] EWCA Civ 1302, which was a case involving the relocation of two children to the UAE from England.
Sharon Burkill
Natalie Cohen
Caroline Sheldon
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