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Divorce in united arab emirates - Essay Example

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This is achieved only if the judge is totally convinced that the marriage will not work even if it is given a second chance (Awadhi,…
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Download file to see previous pages Later, the councillor meets both parties to discuss their standoff (Sawma, 2012). After consultation with the councillor, they are given three-month time for them to go and try and solve their difference before they can begin the process of divorce. In case the couple insist on divorce, the divorce papers are forwarded to the court. This provides a good opportunity for the judge to study the case an aspect that is followed by the judges discussing the case and listening to all witnesses. Depending with the depth of the cases, it might take some few sessions before the judge can come into the conclusion of the case. Both parties are expected to attend all court proceedings (Momsen, 2009).
In United Arab Emirates, a woman can be granted a divorce if she proves that she is physically hurt or tortured by her husband. In addition, she can sue her husband for divorce if she is abandoned by him for a period of not less than three months i.e. if he has not been providing for her and the children. Also, the law allows a woman to get a khula if she returns back the entire dowry to the husband (Goldschmidt, Puller & Darraj, 2008).
In case the applicants of the divorce are both Muslims who emanates from different countries but are residents of United Arab Emirates, they can be divorced using the administrative laws in the country of residence or even United Arab Emirates laws. In case both parties are non-Muslim who are seeking a divorce, they can be granted a divorce according to the law of their country either at the embassy or even consulate. Another unique aspect of divorce in United Arab Emirates is the fact that a husband can divorce his wife by using a short message (SMS) or through the cell phone. United Arab Emirates, Kuwait and even Malaysia have allowed use of technology in terminating the marriage. Other technological method that is allowed in Sharia courts is use of email. This has been upheld as a result of ...Download file to see next pagesRead More
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