Positively Overturning Judgment in Shariah Family Case | 2023

We successfully represented a client, an expatriate, who initiated proceedings for divorce against the defandant in a personal status case, pursuant to a Sharia marriage contract issued by the Dubai Courts. The client and defendant, married and residing in Dubai with their two young children, faced significant marital issues. The client endured mistreatment, including insults and abuse in front of their children, abandonment, accusations of dishonor, and financial exploitation. Unable to continue under these conditions, the client filed for divorce, citing irreconcilable differences. Initially, the suit was rejected by the Court of First Instance due to insufficient evidence of harm. Our client appealed the decision of the Court of First Instance, but the appeal was unsuccessful, as the Court of Appeal upheld the initial ruling. We presented the case to the Family Guidance Committee and for mediation, an initial step aimed at resolving the issues amicably. Despite extensive efforts and multiple mediation sessions, the mediation did not produce a resolution satisfactory to both parties, necessitating a shift to formal arbitration.

Our legal team, well-versed in the intricacies of family law, took the lead in representing our client during the arbitration process. We meticulously gathered and presented substantial evidence, including financial records, testimony of witnesses, and detailed personal accounts, which were crucial in making a compelling case for the requested financial support. Our arguments were structured to highlight the necessity of the requested support for the well-being of our client and any dependent children, ensuring that their needs would be adequately addressed post-divorce.

The Court had ruled to enforce the arbitrators’ recommendation that the abuse was on the part of the defendant and recommended an irrevocable divorce without compensation. Due to the strategic approach and legal contentions of our lawyers, the Court of Cassation ruled in favor of our client, and the economic situation of the defendant was investigated including the defendant’s companies and the accounts across all state banks. The Court of Cassation mandated that the defendant pay the plaintiff for iddah alimony, spousal alimony, and cover costs related to utilities (electricity, water, gas, and internet), annual housing expenses and maid-related expenses. The defendant was also directed to cover custody housing and custody fees for their children as the custody was awarded to our client. The defendant was also instructed to compensate our client for all legal fees and expenses incurred for the lawsuit including costs to cover clothing expenses, Eid-related costs for the children and fees for external activities and sports. This outcome was a clear validation of our strategic approach and thorough preparation.