Understanding Family Law: Expert Q&A with a Legal Professional

How did you decide to become a family lawyer?

I never had a plan from a young age. When I was at university, I noticed everyone was studying law, so I decided to do the same. I did some work experience at Leeds Magistrate Court and enjoyed being in the courtroom and interacting with people. So, I thought becoming a lawyer sounded good. I always thought I would either be a journalist or a lawyer, and it just happened that I pursued law. I enjoy interacting with people, understanding their situations, and providing advice, so it felt natural to continue on this path.

What are the current statistics on divorce rates, particularly in relation to the commonly cited figure of more than 50% of marriages ending in divorce?

Recently, I’ve seen in the news that divorce rates have decreased in the UK. I’m not certain about the UAE, but I recall reading that local divorces have also declined there. So, it seems the rates are not as high as before. I came across an article on the news the other day discussing the current divorce rate in the UK. It has decreased but not drastically. I don’t have the exact percentage offhand, but it’s lower compared to last year.

I looked it up just now. In the UK, 42% of marriages end in divorce, while they’ve got 2% here. It’s still alarming to me, especially considering the financial implications. Do you think the law hasn’t adapted to the current state of marriages?

The UK has recently made significant changes, introducing a no-fault system in divorce proceedings, simplifying the process. This replaces the previous practice where listing reasons for divorce could lead to defensive responses, hindering resolution on child custody and financial matters. 

Similarly, the UAE has progressed by abolishing Sharia law for expats, offering joint custody and prenuptial agreements to protect assets. Despite legal advancements, cultural and familial expectations still influence people’s decisions to marry, leading to an increase in inquiries about prenuptial agreements.

Can you discuss the effectiveness of prenuptial agreements? It’s a concept widely recognized, but there seems to be confusion regarding their validity. Are prenups only enforceable if they outline terms similar to those in a standard divorce settlement?

In the UK, prenuptial agreements are not legally binding, but they serve as important documents for couples to establish mutual agreements. Although courts can consider them, they are not bound by them, and a judge may choose to disregard the terms if they see fit. This means that while having a prenup is beneficial for clarity and setting expectations, it may not offer full protection. Conversely, in the UAE, prenups hold significant weight and are enforced by the courts. If parties deviate from the terms outlined in the agreement during divorce proceedings, they can be held accountable by the court. It’s essential for couples to understand the differences in legal treatment of prenuptial agreements between jurisdictions.

As an English resident now living in the UAE with a Finnish girlfriend, both of us residing in the UAE, I’m curious about how we can fulfil her marriage aspirations while safeguarding my financial interests. Is there a way to marry in a specific country and have the marriage legally recognized there, thereby avoiding potential legal entanglements in other jurisdictions, such as UK law?

In this scenario, if you have assets in multiple jurisdictions, it’s essential to consider prenuptial agreements tailored to each location. For instance, if you have significant assets in the UK and the UAE, it’s advisable to have separate agreements for each country. In the UAE, marrying through the Abu Dhabi Civil Court is recommended due to its efficiency and the option to register the prenup locally. Simultaneously, in the UK, a separate prenup should be arranged to cover assets there. Each agreement should involve independent legal counsel for both parties to ensure transparency and fairness. Moreover, for individuals with assets in various countries like Kuwait, India, and Bahrain, the process becomes more complex. It may involve obtaining legal counsel in each jurisdiction to address specific legal requirements and limitations.

What are the implications of having assets in multiple countries when it comes to prenuptial agreements? Specifically, if assets are mirrored across different jurisdictions, how does that affect the enforceability of prenups? For instance, if I have assets in the UAE and the UK, can a prenup protect assets in one country while potentially being disregarded in another?

In the scenario where you have a prenuptial agreement in the UAE and your spouse seeks to enforce it in the UK, a legal process must be followed. Your spouse would need to initiate an enforcement application at the Abu Dhabi Civil Court to obtain an order. This document would then need to be legalised, attested, and translated into English before being presented to the UK court. Even if there isn’t a prenuptial agreement in the UK, your spouse could pursue financial remedy through an application in the UAE. However, certain criteria must be met, such as property ownership and domicile status in the UK. 

Recent changes in case law suggest that UK courts may consider the fairness of settlements reached in foreign jurisdictions, such as the UAE. Ultimately, while your spouse can attempt to enforce the prenuptial agreement in the UK, the final decision will depend on various legal factors and recent case precedents.

Do you perceive any gender dynamics in your representation of clients in divorces? Is there a tendency for women to seek female lawyers for representation, and do you believe this preference influences their decision-making process?

In my experience, both men and women clients may express preferences regarding the gender of their legal representation. While some women seek out female lawyers for an emotional connection, I’ve also encountered men who prefer working with female lawyers. It’s worth noting that although there are male family lawyers, the field tends to be predominantly female. However, our practice serves a diverse range of clients, including fathers and husbands dealing with challenging family situations like child custody disputes and child abductions.

In family law and divorce proceedings, to what extent does common sense play a role, especially considering the emotionally charged nature of such situations? How often do you find it necessary to guide clients towards sensible resolutions, prioritising practicality over prolonged litigation, regardless of legal rights?

In family law cases, there are often various triggers that escalate conflicts between parties. For instance, I’ve seen men who, after having a child with a new partner, find themselves dragged back to court by their ex-partners for various reasons. These triggers can range from incidents that lead to disputes over child maintenance to allegations reported to the police, creating a cycle of emotional turmoil.

Emotions run high in these situations, especially when one party feels wronged, such as being cheated on or left with seemingly nothing while the other moves on with a new partner. Ego can also play a significant role, fueling disputes that might otherwise seem trivial.

As legal advisors, we strive to counsel our clients towards rational solutions. Sometimes, this involves advising them that pursuing certain disputes will only lead to further financial strain and emotional exhaustion. However, we also recognize that each individual’s journey through the legal process is unique, and not everyone is willing or able to see eye to eye.

In some cases, we’re fortunate to work with couples who demonstrate remarkable cooperation and are committed to resolving their differences amicably. These individuals engage in constructive dialogue, often opting for mediation to reach mutually beneficial agreements. Unfortunately, not all cases are as straightforward, especially when assets are spread across different jurisdictions, as is common among expatriates residing in the UAE.

Navigating such complexities requires diligence and patience on our part as legal practitioners. Our goal is to facilitate fair and equitable outcomes while minimising stress and acrimony for all parties involved.

In situations where two individuals are entrenched in opposing positions and mediation seems futile, what steps can be taken to progress? Is resorting to litigation and having a judge render a decision the only viable option? Can it be likened to commercial litigation, where, if mediation fails, one must concede and proceed to trial?

In our practice, we often begin by engaging in correspondence with new clients who are navigating separation or divorce. This involves drafting letters to the other party, maintaining a friendly and constructive tone throughout. 

We outline the current situation, propose potential agreements, and suggest the exchange of necessary information for disclosure. Sometimes, the other party may also involve their lawyer, leading to discussions about proposed agreements and terms. However, instances arise where the tone of communication unexpectedly becomes aggressive, requiring careful management to maintain progress. Recently, we encountered a situation where initial agreements were challenged, leading to further negotiations to address newly raised points and allegations of hidden assets. Our approach remains flexible, adapting to our clients’ preferences regarding the tone of communication and the desired level of assertiveness. 

We emphasise the importance of resolving matters amicably and, if necessary, recommend mediation to reach a mutually acceptable outcome. While mediation is mandatory in the UK, we advocate for its use even in jurisdictions like the UAE where it’s not obligatory. This demonstrates our commitment to exhausting all avenues for resolution before resorting to litigation.

 What’s the most memorable story you’ve come across in terms of divorce?

In navigating the complexities of divorce law, confidentiality is paramount, restricting the divulgence of specific cases. However, I can shed light on the common challenges we encounter. Often, we confront situations where one party attempts to obscure assets spread across multiple jurisdictions. Our task involves extensive investigations to unearth these concealed assets, presenting our findings in court to ensure equitable resolution.

I can share a notable case that underscores these challenges. It involved a British wife residing in Dubai who initiated legal proceedings against her former husband, complicated further by his dementia diagnosis. Representing the ex-husband’s new spouse, we grappled with intricate legal proceedings, as he struggled to recall crucial details due to his condition.

And then he passed away. This development significantly altered the trajectory of the case, prompting a reevaluation of legal matters. Questions arose regarding the transition from family law to inheritance and succession, fundamentally reshaping our approach. Despite the complexities, we navigated this case diligently for over two years, emblematic of the multifaceted nature of divorce law.

We also frequently encounter cases involving infidelity, necessitating the involvement of private investigators to substantiate claims. These instances show the intricate and often emotionally charged nature of divorce proceedings, requiring a delicate balance of legal expertise and empathy.

Does infidelity impact the cost of divorce, or does it have no bearing on the financial aspect of the proceedings?

Cheating often complicates divorce proceedings, escalating tensions and increasing stress. While some are willing to offer more to settle amicably, others end up in costly litigation. Each case is unique, and my goal is always to reach a fair agreement. However, if tensions remain high, court becomes unavoidable, adding to the emotional strain. Despite the challenges, I strive to support clients through every aspect of the divorce process, from legal matters to personal concerns.

Let’s shift gears and delve into wills. It’s a topic often discussed, yet many individuals overlook it, perhaps assuming it’s only for the wealthy. Is having a will something you believe everyone should prioritise, regardless of their financial status?

Having a will is crucial. Many people wonder why it’s necessary, especially if they don’t have significant assets. However, in the UK, not having a will means your assets will be distributed according to the law, which may not align with your wishes. In the UAE, it’s advantageous to register a will, as it allows for clarity and control over asset distribution. Even if you only have a bank account, a will ensures that your loved ones can access your assets and property efficiently in the event of your passing. Additionally, a registered will in the UAE can streamline the probate process, providing clear instructions for asset distribution to beneficiaries, whether they are local or abroad.

Are wills straightforward, like a legal document’s power, or can they be contested, similar to prenuptial agreements? For example, if someone wants to leave everything to certain family members, can others challenge that decision?

In any jurisdiction, including the UAE and the UK, wills can potentially be contested. While I haven’t encountered many will challenges in the UAE, it’s more common in the UK. There, people often seek legal counsel to dispute wills, arguing that last-minute changes or other factors invalidate them. Courts evaluate the evidence and intentions behind these claims. However, I’m not certain about the frequency of will challenges specifically in the UAE, as I haven’t personally dealt with such cases.