Private international law in UAE and Egypt
Because the number of expats in UAE are about 80 % of population and the country have residence from 180 countries, and this is creating a great problems and complications in respect of marriage and divorce of expats who are belonging to different nations.
We shall highlight the significant issues relating Private international law in UAE and Egypt.
According to The Personal Status law, it’s clear that the local law in UAE or Egypt will apply on both non-citizens parties – claimant and defendant- its provisions unless one adheres to the application of its law.
This means that if a party – wife – is planning to file child custody case against her husband she has to think over the best result or benefit she will get if she asks to apply the local law in UAE or Egypt, if she finds that it’s international law – Canadian – law is better for her she can ask court to apply the Canadian law, otherwise will adhere to UAE law if it’s more suitable for her.
Which law will apply on marriage:-
The applicable law for marriage for a marriage concluded between two different nations:-
1 - For the objective conditions for the validity of marriage, the law of each of the spouses at the time of the conclusion of the marriage shall be referred to.
For example if the marriage is concluded between Sudanese and Germany we have to look into these two provisions of law was followed such as the age of the bride.
If the law of the pride stipulated for marriage of a bride to complete 21 years and she married in UAE under law that allow the marriage of bride who completed 18 years, the parents or any others can ask courts to nullify that marriage for violating the Sudanese law – for example-
2 - However , as to the form of marriage between two foreigners , or between a foreigner and a national shall be deemed valid should it be concluded in accordance with the conditions of the State where it is concluded , or should it take meet the conditions set forth by the law of each of the spouses .
As to formalities it’s clear that if marriage was concluded according to UAE forms, this marriage is accepted such as the number of witness and their religion, if the local UAE law provided that marriage is correct if the marriage is concluded if there were two Muslim witnesses, this marriage will be correct and valid in UAE.
Also the marriage will also be considered correct if the form of both parties was considered when concluding marriage.
Third: - The applicable law on divorce:-
1 - The law of the State of the husband upon the conclusion of the marriage shall govern the personal and financial impacts set by the contract of marriage.
2 - On the other hand, divorce shall be governed by the law of the State of the husband upon the time of divorce. As for the cases of divorce and separation, the law of the State of the husband upon the filing of the case shall apply.
So it’s clear for all brides that their local law will not apply in UAE, the applicable law either for finance or conditions for divorce or separation
For instance if there should be a separation period, the applicable law for such period will be that set out in the husband’s law.
Fourth: - The applicable law on alimony and child support:-
In these cases the law of the abided person will be applied.
For instance if a British wife is filing a law suit asking for alimony in this case the law of the husband will be applied because he is the obliged one to pay alimony.
Fifth:- Inheritance and Probate
1 - Heritage shall be governed by the law of the testator upon the death thereof .
2 - The state shall be entitled to the financial rights lay on its territory to the foreigner having no heirs .
3 - The objective provisions of the will and all actions related to, and the after - death actions shall be governed by the law of the State of the person carrying out such action upon the death thereof .
4 - The form of the will and all actions related to the after - death stage shall be governed by the law of the State of the person carrying out such action upon the issuance thereof, or the law of the State in which such action took place.
5 - Provided that the law of the United Arab Emirates prevails regarding the will issued by a foreigner in respect to the real - estates thereof in the UAE.
For any private international law lawsuits in Abu Dhabi , Dubai, Rak, Sharjah, Cairo Egypt consult our lawyers.
Consult Dubai Lawyers, In Dubai, Abu Dhabi, and Cairo, Egypt for private international law.
Author: Ezz eldin Othman
For any private international law lawsuits in Abu Dhabi , Dubai, Rak, Sharjah, Cairo Egypt consult our lawyers, Which law will apply on marriage, The applicable law on divorce
Add a comment...