Family law 'dispute resolution week'

Learn more about the tremendous work of Resolution - a family law network that is committing to ensuring family law matters are dealt with in 'a better way'.

Watch this powerful video produced by Resolution to coincide with Dispute Resolution week.

Divorce doesn't have to be devastating... there is a better way to separate for the sake of individuals, their families and their children.

Click here to watch.

How to divorce without fighting: Sophie Capo-Bianco, solicitor at Expatriate Law, gives her view.

Divorce is commonly known as being one of the most stressful events someone can experience in their life. It is normal for someone to feel an array of emotions ranging from anger, denial, sadness and indifference. Once it is evident that divorce is inevitable, it does not mean that the process has to be aggressive or destructive. It is in everyone’s best interests, and in particular for separating couples who have children, to try and resolve any disputes as quickly and as smoothly as possible.

Engage with the process

It is very important for both parties to engage throughout the divorce process. If one party buries their head in the sand and refuses to engage or ignores court orders then they should realise that it will not prevent a divorce being granted nor a final financial order being reached. It will only increase hostility between the separating couple which will be extremely difficult especially if they have young children. Separating parents need to retain a long term working relationship for the sake of their children; they will have to see each other regularly at handovers for contact and have conversations regarding certain aspects of their children’s welfare and upbringing.

Be honest

It is essential that both parties are honest while negotiating a financial settlement. The wealthier party may try and conceal their assets, which not only creates resentment and tension, it may also lead to preventative emergency applications being made to the court by the other party. This will undoubtedly prolong the legal process, increase legal fees which the party hiding the assets will have to pay and have a damaging psychological effect not only on the separating couples but also their children who commonly become stuck in the middle of an acrimonious divorce.

Be reasonable

One cannot expect to obtain a settlement for maintenance or a capital lump sum when the money does not exist, so it is crucial that both parties adopt a reasonable stance. If there is only one income within the household then after a divorce it will need to be stretched over two households instead; therefore compromises will have to be made. Usually, the more you argue, the more you spend on legal costs which will inevitably decrease the value of the matrimonial pot. A High Court Judge in London said earlier this week that there should be fixed pricing in matrimonial disputes when he gave judgment on a case where the parties ended up spending a third of the matrimonial pot on legal fees. It is important to bear in mind the cost to benefit ratio under these circumstances.

Obtaining sensible advice is essential 

Obtaining sound independent legal advice will also help to try and resolve the process smoothly as well as to dispel common myths. There can be a lack of trust between the parties and one party may not believe what the other has told them about the divorce process so independent legal advice can put both parties concerns at ease and help them move forward to achieve a reasonable and fair settlement. Attending mediation and / or round table meetings with your respective solicitors can help to iron out all the outstanding issues in a few sessions.

Divorce can have a devastating effect on a separated family if it becomes bitter and antagonistic. The solicitors at Expatriate Law work under the Code of Resolution, which is an organisation run by family lawyers, whose aim is to approach family problems in a non-confrontational way and to consider the needs of the whole family and in particular the needs of the children.

Sophie Capo-Bianco is an English qualified solicitor and expatriate family law specialist at Expatriate Law, where she is based in the Dubai office. Email Sophie on sophie@expatriatelaw.com.

Know the law when it comes to expat divorce in the UAE

Sonny Patel, specialist expatriate divorce lawyer at Expatriate Law speaks to the National newspaper:

'A court’s ability to accept an application for divorce is called its “jurisdiction”. The choice of jurisdiction on divorce can have far-reaching implications financially.

For expats, there is usually a choice of jurisdiction in which a divorce may take place. Jurisdictions to consider would be that of the husband or wife’s home country (irrespective of where they now live), or the local UAE court.

Jurisdiction will largely depend on the nationality, domicile and habitual residence of both parties. Different definitions and rules apply depending on the law of the home country. For example, for British expats, divorce and financial matters can be dealt with through the English courts, without them even leaving the UAE. This is because proceedings can usually be issued in England based on the parties’ “domicile of origin” even for those who have lived abroad for years.

Here are the five major financial implications of the choice of jurisdiction on an expat divorce (for illustrative purposes UAE law is contrasted only with English law):

1. Division of capital and property

English law allows the courts a wide discretion to redistribute assets of spouses during a marriage breakdown, regardless of the origin and strict legal ownership of those assets. For example, assets acquired before the marriage or those inherited by one party can be vulnerable in a divorce. Ownership could be transferred from one spouse to the other or there could be an order for sale to divide proceeds.

Under UAE law each party simply retains the assets and property held in their names. If all property is held in one party’s sole name, the other cannot claim against that.'

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Which way to turn? How to choose a good divorce lawyer in Dubai

The starting point for expatriates in Dubai who are considering separating or starting divorce proceedings is that there is usually a choice of jurisdictions in which the divorce may take place. Allowing the proceedings to take place in the wrong jurisdiction can have disastrous financial consequences.  

A good divorce lawyer should be able to advise on jurisdiction, and then help you to unravel the legal ties of your marriage, secure your financial future, and if there are children, help the parties settle into a workable post separation co-parenting relationship. If your soon-to-be-ex takes an aggressive or unreasonable approach, then your lawyer needs to be experienced enough to protect your interests and your assets.

How do you find the right person for the job?

1. International family law is complex and is continuously evolving. It is highly specialised area of law. Choose a specialist lawyer who has qualified in the jurisdiction in which you expect the divorce to place. For example, if you need advice on UK law, ensure that your lawyer is a UK qualified solicitor regulated by the Solicitors Regulation Authority. A general practitioner or an unqualified ‘legal advisor’ muddling their way through is likely to do more harm than good.

2. For British expatriates, it is useful to check whether your solicitor is a member of 'Resolution' - an association of family law solicitors who are committed to the constructive resolution of family problems. In addition, Resolution accredited solicitors have achieved special recognition for their expertise in particular areas of law.

3. Geographical location has become less important. The vast majority of the work in your case can be conducted by telephone, e-mail and skype. Choosing the right divorce solicitor is better than choosing one who is geographically convenient. The best divorce lawyer for you is the one with expertise, training and experience.

4. Choose a solicitor with the appropriate experience to reflect the potential complexity of your case. If your case involves substantial assets and income then consider choosing a senior solicitor. The hourly rates will be higher but the legal costs will be proportionate to what is at stake. If your resources are modest request a junior solicitor to handle your case to keep the costs down. Seek assurances that the junior solicitor will be supervised by more experienced colleagues - in this way you can benefit from their lower hourly rates but you will still have access to the more experienced solicitor where appropriate.

5. Arrange an appointment to see your solicitor. Prepare a list of key events/dates of the marriage, a summary of the assets of the marriage and income of both parties, and a list of key questions. You will get much more out of your first interview with your lawyer if you are prepared with these questions, and it will be an opportunity for you to gauge whether you will be happy to instruct that solicitor to act for you.