It differs from a divorce, which is the dissolution of a valid marriage. Annulment erases marriage from a legal standpoint. When a marriage falls apart shortly after it begins, couples may wonder if an annulment is an option instead of a Divorce. At the same time, annulments and divorces are court orders that dissolve a marriage. Visit Family Lawyers in Dubai for details as per UAE Family Law 2023.
UAE Context
In the UAE context, annulments have the legal effect of declaring that the marriage never existed in the first place. This distinction can appeal to those who wish to avoid the stigma associated with divorce or other reasons. Other reasons include religious reasons, as religions prohibit remarriage after divorce. Additionally, the division of property after an annulment may differ from that in a divorce, depending on the district. Obtaining an annulment is typically more challenging procedurally compared to getting a divorce. Dissolution is more complex than the process of divorce.
Obtain an Annulment in UAE
Certain legal elements must be established first. The situations that can serve as grounds for an annulment include:
- Fraud, Misrepresentation, or concealment of fact involves intentional or negligent Misrepresentation. It may be regarding a spouse’s ability to have children, age, or marital status.
- It can also include effective concealment, drug addiction, and felony conviction. It also involves criminal activities, affiliation with a violent gang, a transmitted disease, or other health issues.
- The Inability or refusal to consummate the marriage is another reason. If one spouse refuses to have relations with the other, this can be a basis for annulment. It is important to note that spouses still have the right to say no.
- Moreover, non-consensual intercourse is not a basis for annulment. This element applies if the spouses have never engaged in intercourse, not during a temporary dry spell in their relationship.
- Misunderstanding is one of the most common reasons for annulment. In a misunderstanding, one spouse desires to have children while the other does not.
The above list is incomplete. If you can establish one or more of these reasons or find other valid grounds, you may be eligible for a civil marriage annulment. However, the chances of obtaining an annulment are higher if the marriage has been of short duration. Most weddings are typically eligible for repeal if they have lasted only a weeks or months.
In such cases, dividing assets and property is straightforward. They have yet to become fully intertwined as in longer marriages. An annulment resets the parties’ support to the point before the marriage and any joint property. It may include wedding gifts, which are divided according to standard divorce practice. Explore What is an Employee Time Clock Calculator and its Different Types now.
However, the UAE also has laws governing annulments in marriages. UAE law provides guidelines for property division, child custody, visitation rights, and parental support obligations. Therefore, annulment does not absolve parents of their support obligations.
If you have questions about whether the marriage is eligible for annulment, it is advisable to consult a family law attorney in UAE. He is the one who can guide you through the process. At the same time, it is possible to pursue an annulment without an attorney, given the time-sensitive nature. Annulment is attached to unique legal requirements. Henceforth, seeking legal counsel is a wise choice. A family lawyer plays a crucial role in guiding individuals through the annulment process in the UAE. Here are the key aspects of their position:
A family lawyer in UAE provides legal advice on whether the grounds for annulment exist in a particular case. They assess the circumstances and guide clients on the viability of seeking an annulment instead of pursuing a divorce. To pursue an annulment, specific grounds must be established. The family lawyer helps gather the necessary documentation and evidence to support the case.
It may involve obtaining documents related to fraud, Misrepresentation, concealment of facts, or any other relevant information that supports the annulment claim. A family lawyer represents their client in all legal proceedings related to the annulment. They prepare and file the required legal documents, represent the client in court hearings, and present arguments supporting the annulment grounds.
Parties may sometimes seek an amicable resolution through negotiations or settlements. A family lawyer assists in negotiations, meetings, and discussions. They will protect their client’s rights and interests throughout the process.
The family lawyer helps their client navigate the matters of division of assets and liabilities. It ensures a reasonable and fair distribution of property, debts, and financial responsibilities.
Determining custody arrangements and child support obligations is crucial in cases where children are involved. A family lawyer in UAE helps their client understands their rights. They will assist clients in understanding responsibilities regarding child custody, visitation, and financial support. Moreover, they will work towards a resolution that is in the child’s best interests.
An annulment involves specific legal procedures and timelines. A family lawyer guides clients through these processes, ensuring compliance with all legal requirements and deadlines. Throughout the annulment process, a family lawyer strongly advocates for their client’s rights and interests. They present arguments and evidence in court. Furthermore, they will challenge any opposing claims and argue.
The intent is to strive to achieve a favorable outcome for their client. It is important to note the specific UAE laws and procedures surrounding annulment, which the lawyer must always follow.
