ABU DHABI // More Emiratis seek legal advice for divorce than any other issue at the legal aid section of the Abu Dhabi Judicial Department, despite a slight drop in the number of divorce cases.
That is according to officials at the department, who are keen to see more family related matters getting settled out of court.
Despite the increase in couples visiting lawyers or seeking legal aid on divorce, official figures released by the Judicial Department show a 9 per cent drop in registered divorces in the first four months of this year compared with the same period last year.
Officials say this is because more couples agree to alternative solutions offered by the Family Guidance Department, who had a 79 per cent reconciliation rate in divorce cases referred to them compared with 77 per cent last year. The department received 5 per cent more cases than the previous year.
The number of cases that reached the personal statuses court dropped by 12 per cent, from 1,460 to 1,214.
“Family guidance is not merely a section. It became a resort for many families.
“Sometimes they don’t even register their lawsuits. They just go there for consultation,” said counsellor Khuloud Al Thaheri, head of the alternative solutions and resolving disputes section.
“The most challenging aspect is to convince couple to get over the revenge aspect; many insist on going forward to court because of a grudge.
“They do not see the other issues that will accompany the revenge; family disputes could extend to cutting ties with family members,” she said.
An official of the legal aid section at the Judicial Department said most of the cases it received were personal status lawsuits.
“Whether it is regarding custody, type of divorce ... they are increasing since we started the section,” she said.
The most common type was “divorce due to damages”.
“Women usually file for damages such as beatings, verbal insults,” she said. Such lawsuits are allowed after a ruling has been issued, through the criminal or misdemeanor courts, and not just on the basis of a police report or complaint.
Sometimes they are admitted “after the husband’s confession saying ‘I beat her but I was in a state of anger’”.
While women target this area more, men also file lawsuits. “Men usually file [cases] against marriage non-obedience; it means the wife does not follow her husband’s requests, [for example] going out without permission or notification, not allowing him of herself in bed, etc.”
Divorce clients are on the increase at legal offices. “Clients visiting our office to seek divorce have increased by 10 per cent at least in the past period,” said lawyer Abdulhameed Al Hosh.
These cases were filed mainly by women and the most common types were regarding allowances, violence by the husband or a husband marrying another woman.
“The last two fall under divorce due to damages,” he said.
“It is very common when a husband remarries [for] the first wife to file for divorce due to damages and the court grants it to her.”
In about 90 per cent of these cases the court rules in favour of the woman, Mr Al Hosh said.
hdajani@thenational.ae