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Family Law Blog

19 September 2016

Divorce in England and the UAE – the uncertainty of two discretionary divorce jurisdictions

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.

14 September 2016

Divorce and summertime blues 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.

31 August 2016

Options in the English courts for ‘illegitimate’ children living in the UAE

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. 

24 August 2016

What happens to a divorce settlement if a spouse dies during or after divorce proceedings?

Going through a divorce can be both emotionally distressing and technically challenging at the best of times. However, in the event of one spouse dying during or shortly after divorce proceedings it can bring an added element of complication. Although this is thankfully a very rare occurrence, there are options to consider depending on the stage divorce proceedings have reached.

Alexandra Bishop

18 August 2016

The Child Arbitration Scheme – resolving family disputes about children outside of court

Until now the Family Law Arbitration scheme, launched in 2012, has been exclusively for disputes relating to finance and property. The scheme has now been extended to include disputes relating to children, offering parents an out of court alternative.
The experience of attending court can often contribute to an already stressful time for parents. The introduction of the Child Arbitration scheme provides parents with a tried and tested alternative to the court. But why should you choose Arbitration? And is it all good news? 

 

Tom Beak

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