Dr Hassan Elhais is a respected legal consultant and practitioner who is widely known for his endless drive for legal excellence. Having been practicing law for over nineteen years, Dr Elhais has earned a reputation of legal mastery and versatility in diverse areas of the law that has translated to real-life positive outcomes. He has consistently delivered credible and effective outcomes for his clients on legal matters relating to arbitration, banking law, company law, commercial law, family law, labor law among many others. Dr Elhais’ strong educational background and commitment to learning admittedly give him a distinct edge over his peers. He holds a masters and PhD in Law from Monofiya University, Egypt where he gained the mastery of both civil and criminal law. This strong educational foundation has provided him the expertise to handle complex legal cases and offer unparalleled legal assistance to his clients. Dr Elhais is a proud member of Awatif Mohammad Shoqi Advocates & Legal Consultancy, one of the best law firms in UAE and has been one of its most esteemed legal consultants. His varied experience at this firm has seen him handle sensitive legal issues related to family law, most notably divorce, child custody, adultery and financial support to both citizens and expatriates. In consequence, this has established Dr Elhais as a leading authority on family law. His expertise in adultery cases is particularly notable because of his ability to skillfully apply Sharia law and UAE legal principles to devise specific strategies to address the unique circumstances of each case. For instance, he is skilled at drafting Sharia-compliant post-nuptial and divorce settlement agreements involving adultery-related disputes for clients navigating the cultural sensitivities of such matters in the UAE. 

 He elucidates the framework of understanding adultery under UAE law, defining it as a situation when a married person engages in a physical relationship with someone other than their spouse. This constitutes a criminal offense under Article 409 of the UAE penal code . He acknowledges the complexities around divorce cases, especially when it comes to determining admissible evidence for proving adultery, an important aspect of both criminal and civil proceedings in the UAE. Dr Elhais explores the evidentiary standards of proving adultery in the UAE by outlining a range of permissible evidence. This includes written documents, witness testimonies, expert evidence, eye witness evidence, conclusive/circumstantial accounts. Each of these carry varying weight and credibility in the court of law. Witness documents such as letters, text messages are key. Furthermore, expert evidence like forensic analysis of digital communication adds more credibility. Dr Elhais notes that improperly obtained evidence might still be admitted under discretionary power as obtained in the UAE. The legal implications of adultery are far-reaching as it extends beyond criminal penalties to include significant influence on divorce proceedings under the UAE’s Personal Status Law. 

Dr Elhais emphasizes that adulterous behaviour is a valid ground for divorce because it empowers the innocent spouse to seek dissolution of the marriage. In the UAE, this is noticeably critical for financial settlements. Financial settlements under the sharia based personal status laws typically include reimbursement of backdated maintenance for up to 24 months at divorce as well as support during the Idda period (three months post-divorce), with Muslim wives potentially claiming deferred dowry (Mehr). On the contrary, if a woman is found guilty of adultery, the court may issue a sentence of at least one year followed by deportation depending on the strength of evidence. Adultery is a serious breach of UAE Criminal Law, emphasizing severe penalties for adulterous behavior, applicable to both genders, with recent changes under Federal Decree Law No. 31 of 2021 reinforcing that only the husband, wife, or guardian can file charges. Legal consequences of adultery extends to the issue of Child Custody in UAE. Knowledge of  Child Custody cases is another area that demonstrates the expertise of Dr Elhais’, making him one of the best divorce lawyers in Dubai. He notes that if a mother is found guilty of dishonorable crime like adultery, she risks losing the custody of her child(ren). While the court prioritizes the child’s best interests, adultery findings may influence judicial discretion. Importantly, Dr Elhais’ careful and well-coordinated approach to adultery cases is usually weighed against broader considerations, which shows his profound understanding of UAE family law dynamics. This is also demonstrated by his understanding of the legal consequences of adultery for non-Muslim and Muslim expatriates in the UAE. 

Adultery has significant family law implications for Muslim expatriates as provided by the Personal Status Law.  Non-Muslim expatriates are subjected to the civil family law, Federal Decree No. 41 of 2022 (for non-Muslims in the UAE except in the emirate of Abu Dhabi) and Abu Dhabi Law No. 14 of 2021 (for non Muslims within Abu Dhabi). Both Civil Status laws  offer an option of no-fault divorce, which means that the proof of adultery is not required to issue a divorce. In other words, either spouse can file for divorce without having to justify it or prove harm. It typically follows a procedure whereby one spouse submits a request, the court then notifies the other party and the divorce is finalized without mandatory mediation. When determining issues such as alimony however, the court evaluates factors such as the husband’s contribution to the divorce, therefore affecting financial support. Non-Muslims may also decide to opt in or opt out of their home country’s law and be governed by the civil laws, adding more complexity and nuance to the issue. Fortunately, Dr Elhais’ ability to provide clarity to these complexities and minor details makes him one of the leading legal lawyers in the UAE. Some of his services which include developing person-specific strategies to enforce foreign laws while contextually applying them to suit the specificity of a suit make him one of the best family lawyers in Abu Dhabi.

Additionally, Dr Elhais provides legal assistance to overseas lawyers seeking guidance on family law situations in the UAE. His services also extend towards assisting clients with issues related to marriage and the disputes arising from them across multiple jurisdictions. His contribution to legal education on family law has earned him global recognition, accolades and achievements. He has contributed immensely to legal scholarship by writing over 300 publications on matters relating to family/matrimonial law.  His articles have gained the attention of reputable legal platforms such as the UK-based Mondaq Thought Leadership award and he has been ranked as Band 1 by Chambers and Partners in the category of Family/Matrimonial for High-Net-Worth individuals for three straight years (2022-2024).

Dr Elhais has also featured in international conferences offering expert opinions on UAE laws before foreign courts in countries such as the United States, Canada, United Kingdom and Ireland. Widely recognized as one of the UAE’s thought leaders in family law, he is on the recommended list of foreign embassies such as Australia and the UK, just to name a few. His recognition by foreign embassies like those of Australia and the UK underscores his role as a trusted advisor for expatriates, while awards like “Legal Consultant of the Year” from Corporate LiveWire affirm his impact as one of the best lawyers in Abu Dhabi, UAE. 

Dr. Elhais’ meticulous style of blending legal scholarship with practical experience and cultural sensitivity places him at the cornerstone of UAE family law and as one of the best divorce lawyers in UAE. He is also the first expat member of the international academy of family lawyers (IAFL) in the UAE jurisdiction, which is a prestigious award among top specialists in family law. He has won over 30 awards and accolades for his brilliant contributions to the legal profession and has been recognised as a top author in the Lexocology Legal Influencers Q1 and Q2 2023 for Private Client in the Asia-Pacific region. These achievements are a  testament to his profound legal knowledge and contribution to legal education and scholarship. His drive and commitment for continuous professional development are unstoppable. To consolidate on his knowledge, he has completed several trainings such as the International Lawyers Training Programme by the Law Society of England and Wales and the UIA Training course by the International Association of Lawyers in Lisbon, Portugal. Additionally, he is a member of a number of bar associations and prominent among them is the European Criminal Bar Association, Egypt Bar Association, International Bar Association just to name a few. He is also the Associate member of the American Bar Association. Dr Elhais successes in resolving family disputes, drafting legal agreements and applying legal updates are well noted, making him one of the legal advisors in the UAE.