Dubai court issues new resolution for marital disputes

As per a new resolution, the President of the Personal Status Court of First Instance at Dubai Courts has issued a recent decision to form the Committee for Registering Arbitrators.

Members of the Committee will include:

• Two personal status judges.
• The head of the family affairs section at the Department.
• The head of the Personal Status Department at Dubai Courts.
• A representative of the Community Development Authority in Dubai.

The chief of the marriage officials and arbitrators section at the Department will act as the Committee’s rapporteur.

According to this resolution, both the partners concerned in the marriage dispute or even one of them can appoint an arbitrator to help settle their disputes. 

The Committee formed for Registering Arbitrators has been assigned with a task to overlook the execution of this resolution while taking written tests as well as face to face interviews with both the partners that are seeking to list themselves in the new court of Dubai and reviewing complaints registered against arbitrators.     

The judge hearing a marriage dispute case will ask the spouses to name their choice of arbitrator. If they didn’t give the name, the judge will himself nominate one from the registry. 

The arbitrator that will be chosen by the spouses should be related to either one of them and must know the case. 

The arbitrator must also abide by Federal Law No. (28) of 2005 on Personal Status and the recently issued resolution. They should have a clear idea of his or her role and work to acquire reconciliation between the partners.

The resolution further summarises the guidelines for marital dispute mediation. The selected arbitrator will set a date and location for the first mediation session and inform the partners seven days before the date of the session.

The spouse striving for separation will present his or her case and a complete statement on the alleged abuse he or she faced from the other partner.

The arbitrators must do their best to settle the dispute and seek the help of any other family member of the spouses to encourage reconciliation between the couple.

The new resolution supersedes regulation No. (8) of 2006 on arbitrators of personal status cases in Dubai. It also rejects any other decision that may contradict it.