Family Solicitors

A law firm in Dubai has said that ex-pats living in the United Arab Emirates (UAE) would not necessarily be subject to Sharia law if they divorce, as Islamic law courts allow ex-pats to apply the law of their own countries under certain circumstances.

Last week, the Foreign Office issued a warning to ex-pats in the United Arab Emirates that they may have to face Sharia law in family cases, including divorce cases and child custody cases.

The announcement coincided with the case of Afsana Lachaux from east London, whose French husband was awarded custody of their son by a court in Dubai on the grounds that Mrs Lachaux was an un-Islamic and unsuitable mother.

Ms Lachaux had failed to keep an appointment with her former husband to hand over her son for a contact meeting with his father. She claims this was because her ex-husband was violent towards her, an allegation he strenuously denies.

She also alleges the fact that she has gay friends was used to brand her an unsuitable mother.

However, Mr Lachaux has now been awarded custody of their son and it is likely that Mrs Lachaux – who has returned to the UK to live – will not be allowed to see her son until he is 18.

Family Law Week reports that Dubai-based family lawyers Expatriate Law say, although Britons need to be aware of Islamic family law in UAE courts, it may still be possible for family cases to be heard under UK law:

“It is misleading to say that all Britons are subject to Sharia law in the UAE.

“UAE laws allow for non-Muslim expatriates to apply the law of their home countries within the UAE courts in certain circumstances.

“When it is not possible to use foreign laws, the UAE family law will apply (Federal Law 28 of 2005 concerning Personal Status).

“This coded law is based on Islamic Shari'a, but has taken into account changing times and modern society in the UAE.

“Judges within the UAE courts will use their discretion when applying the law, to ensure that the best interests of a child are met.

“That being said, it is essential for British expatriates in Dubai to be aware of the laws here that may affect them, so that parenting agreements may be put in place before a move, if required.”

In February, Mrs Lachaux was found guilty of kidnapping her son and received a suspended sentence from a court in Dubai. She says had she known more about family law under Islamic Shari’a, she would not have moved to the UAE. Her son was born in Dubai, but has joint British/French nationality.

Duncan Lewis Family Solicitors

Duncan Lewis is a leading firm of family solicitors and can advise on family law and children law under both UK law and Islamic law.

Duncan Lewis family solicitors are able to advise on:

• Ancillary payments
• Care of elderly relatives
• Child care proceedings
• Child abuse
• Co-habiting agreements
• Court of Protection
• Dispute resolution
• Divorce
• Domestic violence
• Elder abuse
• Judicial separation
• International child abduction
• International marriages
• Living wills
• Pre-nuptial agreements
• Wills, trusts and probate.

For expert legal advice on family law and children law, contact Duncan Lewis solicitors on 020 7923 4020.