Background
Our client, an expat seeking a civil divorce, was represented by the Emirati Advocate Mrs. Awatif Al Khouri of Awatif Mohammed Shoqi Advocates and Legal Consultancy, who personally led the proceedings before the Abu Dhabi Civil Family Court.
The case began in the civil family court over a dispute between spouses on the dissolution of their marriage and the legal arrangements for their children. Our client requested a divorce under the civil family law system in Abu Dhabi and the activation of joint custody in accordance with the relevant legal provisions.
The opposing party raised procedural objections before the court. These objections mainly concerned whether the Abu Dhabi Civil Family Court had local jurisdiction to hear the matter. It was argued that the parties had links to another emirate and that the dispute should not proceed before the Abu Dhabi court. There was also a request to refer or suspend the matter on the basis of related proceedings elsewhere.
Our client, through Mrs Awatif Al Khouri, submitted that the Abu Dhabi Civil Family Court had jurisdiction to hear the dispute and that no valid procedural grounds existed to prevent the case from proceeding before that court.
The case therefore required the court to consider both procedural and substantive issues. The procedural issues concerned jurisdiction and whether the case should be continued. The substantive issue was whether one spouse’s request for civil no-fault divorce was sufficient for the court to dissolve the marriage, and whether joint custody should be recorded as part of the divorce judgment.
Court Findings
Abu Dhabi Civil Family Court dealt with objections to jurisdiction and procedures. Considering the relevant legal provisions and documents submitted by the parties, the court found that the conditions for jurisdiction were satisfied. The court found no evidence of any prior filed procedures that would mandate referral or suspension of the present proceeding.
It separated preliminary family guidance or reconciliation procedures from judicial proceedings before a competent court. Since the objections were not adequately backed by evidence, the court proceeded to decide the case.
Divorce proceedings were then considered by the court after it had resolved all procedural objections. The court applied the provisions of the Abu Dhabi Civil Marriage Law that allow either spouse in a civil marriage to request divorce by expressing a clear wish to end the marital relationship.
The court therefore granted the civil divorce and ordered the dissolution of the marriage. In relation to the children, the court applied the rules on joint custody under the Abu Dhabi civil family procedures.
Conclusion
The case highlights how Abu Dhabi’s civil family court held that jurisdiction can be established if there is a proper legal connection with Abu Dhabi, even if there is an objection on the basis of links with another emirate. It also clarified that family guidance or reconciliation procedures are not a pending court case and cannot, without proper evidence, prevent the court from hearing a matter.
Through the efforts and representation of Mrs. Awatif Al Khouri of Awatif Mohammed Shoqi Advocates and Legal Consultancy, the client successfully secured a civil divorce and joint custody arrangements.
