High Court in England endorses jurisdiction of Abu Dhabi Civil Family Court

The Abu Dhabi Judicial Department appreciated the international trust in Abu Dhabi Courts operating under a pioneering judicial and legislative system, especially with the issuance of a historic judgment by a High Court in England, affirming that the Abu Dhabi Civil Family Court is the correct forum for hearing a family dispute between a British couple resident and domiciled in the Emirate.

The British High Court issued its judgment, confirming that the Family Civil Court in the Emirate of Abu Dhabi is competent to hear the family disputes between the British couple residing in the Emirate, in case of disputing on the jurisdiction between the English courts and Abu Dhabi courts.

In his judgment, Justice Edward Hess affirmed that the Abu Dhabi Civil Family Court has been established with a view to giving assurance and maintaining rights of expats based on the law provisions and the universally-recognised principles of justice. Therefore, the British Court is content to decide that the Abu Dhabi court, not the English Court, is the appropriate jurisdiction to hear the divorce case.

This judgment has been rendered following the jurisdiction issue raised before the British Court in relation to the divorce proceedings issued by the wife, as the husband argued that the Abu Dhabi court was the best jurisdiction to deal with the divorce, given the fact that the couple is domiciled in the UAE.

The High Court in England issued its ruling upholding the jurisdiction of the Abu Dhabi Civil Family Court to hear the divorce case, and stressing that the embryonic court has been set up with a view to giving assurance to non-Muslims and expats living in the UAE that they will be dealt with in a way which is commensurate with norms of non-Muslim countries.

WAM