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.
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