Expat divorce a tricky affair

Alexandra Tribe talks to Gillian Duncan of the National newspaper about the division of assets on divorce during UAE and English divorces. Click here to read the full article.

Alexandra Tribe advises Emirates 24/7 on the most common reasons for marriage breakdown in the region

Financial instability resulting from the global economic downturn has resulted in an unlikely causality - marriage.

There has been a significant increase in the number of couples in the UAE seeking divorce, and lawyers are blaming it on money, investments, stress and family life.

According to a British lawyer operating from Dubai, her client list has grown by almost 40 per cent this January compared to the same period last year and, “majority of them have cited added burden of debt and growing economic pressure", said Alexandra Tribe, Solicitor (England and Wales) and a Resolution Accredited Specialist (International Family Law and Advanced Financial Provision).

Read more.

An amicable divorce? Yes, it is possible!

They say that divorce is one of the most stressful times of a persons life; it should not be like this. Developments in the English legal system have largely made disputed and acrimonious divorces a thing of the past. Divorces through the English courts are often described in the press as a 'quickie' divorces as they usually take place without husband and wife even attending. This is even the case for British expats living abroad.

The advent of mediation, collaborative law, arbitration, private hearings and other modes of dispute resolution have helped tremendously to ensure that cases are kept out of the courts, and separating couples are being given the push to resolve disputes surrounding their finances or children swiftly and amicably. In our present economic environment, this is a necessity, as couples can simply not afford to waste their well earned savings on acrimonious legal battles.

Click here to read Alexandra Tribe being interviewed by Gemma Carey of the National Newspaper on 'how to keep a divorce amicable'.

Relocating with a child

When a relationship breaks down, a husband or wife may often feel that they wish to start afresh by relocating to another country. This impacts on both parents when children are involved. What happens when one parent wants to prevent the other from leaving with the child?

In a recent case heard in the UK Court of Appeal, a Canadian mother of children aged four and two wished to return home to Canada after the breakdown of her marriage in England. The couple had been separated for about seven months at the time of the initial hearing. The mother, who was feeling lonely and isolated in England, applied to return to her native Canada with her two daughters and a judge ruled that she could return. In a landmark decision, the Court of Appeal ruled that the mother could not relocate with the children to Canada, despite it being her native country, because of the involvement that the childrens' father had in their lives.

This decision no doubt impact on the vast number of prospective expatriates hoping to relocate to Dubai and other countries. Read more here.....

Know your rights: 5 criminal laws every expat in Dubai should know

In our new weekly legal advice series, we set out your rights in a clear and readable way.

This Week: Alcohol and Licensing

1) If you are a Muslim expatriate, drinking alcohol is strictly forbidden in any circumstance.

2) If you are non-Muslim, you may only consume alcohol if you personally hold an alcohol licence. You should keep this licence with you at all times. The licence is granted by the police licencing authorities in the Emirate in which you live. The alcohol licence will allow you to purchase alcohol up to a percentage of your monthly salary.

3) Even if you hold an alcohol licence, you should only drink alcohol in your own home or a licenced restaurant or bar. It is against the law to consume alcohol or have alcohol in your system if you are not in your own home or in a licenced venue. Whilst this law is usually only enforced in conjunction with another crime, expatriates should be still be careful, considerate and courteous whilst travelling from venue to venue on an evening out.

4) Alcohol should only be purchased in the Emirate in which the expatriate holds an alcohol licence. It is therefore against the law for an expatriate residing in Dubai to purchase alcohol from liquor suppliers in Ras al Khaimah.

5) There is zero tolerance laws for expatriates drink driving in the UAE. This means that you may have NO alcohol in your system whilst driving. Alcohol can take up to 48 hours to leave your system. Take this in to account when driving the day after a night out.

The penalties for breach of any of the above licensing laws is a jail term and can be combined with deportation in some cases.

EMERGENCY CONTACT: +971 50 4595245 
Call our 24 hour legal team for immediate assistance in the event of arrest

When love dies in the UAE

Damian Reilly talks to Alexandra Tribe, specialist Dubai-based divorce lawyer about the rules of divorce in the UAE.

Divorce is an ugly word, don't you think? As ugly as the aftermath of love gets. What was Eddie Murphy's joke about marriage? That's it: "Don't get married. Find someone you really hate and buy them a house."

Except in the UAE, do you really have to buy your erstwhile lover a house? In fact, do you have to give them anything at all? Like many areas of UAE law, expats seem to be hazy when it comes to the specifics of the divorce process here.

There seems to be a feeling that the playing field, or theatre of battle, is not only very different to how it is in, say, European countries, but that it is also heavily weighted in favour of men.

Read more

Where can I divorce?

A court's ability to accept an application for divorce is called its 'jurisdiction'.  It is a common misconception for separating couples that they may only divorce in the country in which they were married, or the country in which they presently live. For Australian and English expatriates that we advise, there is often a choice of jurisdiction.

Searching for a jurisdiction that would give the most favourable financial settlement is commonly called 'forum shopping'. As expatriates in the Middle East, it is very important to consider which jurisdiction would be most appropriate, as a poorly informed choice could have disastrous financial implications. For example, by divorcing through the UAE courts, a wife could not seek spousal maintenance from a husband, or a share of a husband's pension; such claims could however be made through English or Australian courts.

You can apply for a divorce in Australia if you or your spouse:

• regard Australia as your home and intend to live in Australia indefinately, or 
• are an Australian citizen by birth, descent or by grant of Australian citizenship, or
• ordinarily live in Australia and have done so for 12 months immediately before filing for divorce

If you do not live in England, you can still apply for a divorce through the English courts if:

• your spouse is resident in England or Wales, or
• you and your spouse are 'domiciled' in England or Wales, or
• you or your spouse are 'domiciled' in England and Wales and no European Union country has jurisdiction

The majority of English and Australian clients that we see are able to divorce through the courts of their home countries. This can be a swift and inexpensive way to divorce, without the need to attend court.

Contact our lawyers by email or telephone to discuss your options.

Divorce in Dubai

• Can I stay here if we separate?
• Where can we divorce?
• Who will sponsor the children?
• How will we manage financially?
• What am I entitled to?
• What are the Sharia law implications?

If these questions sound familiar, read here....