Diana Hamade
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Diana Hamade is the Founder and Managing Partner of her boutique firm, Diana Hamade Attorneys at Law. Based in Dubai, Diana Hamade is known as an expert and specialist in family law, succession and inheritance planning, and private client practice. As a UAE licensed lawyer, Diana has right of audience before the Courts throughout the UAE. She is also a registered Wills draftsman with the DIFC and ADJD as well as an agent of the RAK ICC. On an international scale, Diana has provided expert opinions on family matters for courts in jurisdictions such as the UK, US, Australia, France, Monaco, and Switzerland. She has also authored publications for institutions such as LexisNexis, the ICLG, Spear’s, Thomson Reuters, and Chambers.
Relevant experiences and positions
Diana Hamade’s firm covers areas of law including family law, succession and inheritance planning, rental and real estate, corporate and commercial, employment law, and private client practice. Diana is known for her expertise in sharia law as well as family matters for high-net-worth clients. This has contributed to the development of her private client practice and expertise in succession and inheritance planning. Her reputation has led her to become one of the leading experts in UAE and sharia law worldwide. Due to this, she is often consulted by courts in various jurisdictions to provide expert advice and evidence on UAE law regarding matters such as child custody, divorce, child maintenance, pre/post nuptial agreements, enforcement of foreign judgements, and child relocation/abduction. She has appeared before the Courts in the UK, US, Isle of Man, Canada, and Monaco as an expert witness on UAE and Sharia law.
Diana is a well-known author in the legal industry as she has written countless publications on different legal topics in the UAE and throughout the GCC and MENA region. Her articles include her legally stylish book, commentaries on the different and upcoming UAE laws for Lexis Nexis, Wills and Probate for Lexis Nexis, the UAE Chapter of the Chambers and Partners Private Wealth Guide, MENA Overview on International Arbitration and UAE Family Law for the International Comparative Legal Guide, UAE Family Law Review for Lexis Nexis, the Blue Book UAE Family Law Chapter for Thomson Reuters, the Legally Stylish column for Vila88 Magazine, and a Column in the National on UAE legal affairs.
Diana is also a captivating public speaker and has attended and presented at events worldwide to raise awareness on UAE law regarding family matters, dispute resolution, succession planning, and private wealth ands client practices for high net worth and ultra-high net worth families and individuals. She is also the recipient of awards by Lexis Nexis, Spear’s, Chambers, Thomson Reuters and the National for categories including Law Firm Leader of the Year for Women, Most Influential Female Lawyer in the UAE, Best Legal Writer, Arab Woman in Law, Author Excellence, and Boutique Law Firm of the Year.
Some personal questions
What is your opinion on/ experience with the interests of siblings in child relocation cases?
In the general sense, children should never be separated from their siblings. In fact, that is covered under UAE law in terms of custody. It is often the case that in homes affected by divorce, it is crucial if not necessary for siblings to stay together. As divorce affects children in many ways, ensuring they remain with their siblings and are not separated helps them significantly in terms of stability. Siblings remaining together post-divorce also limits the change they must endure and provides them with the mental and emotional support they need.
When did you first handle a child abduction case?
The first child abduction case I was involved in took place in 2012 regarding a child who was kept by the father in Dubai for two years without contact with her mother in England. This case received a lot of media coverage in the UK and the child was returned to England to reside with her mother. Additionally, the father lost his application for the child to return to the UAE. I served as an expert who provided expert evidence on UAE law to the UK Courts in this case.
Why is it interesting for you as a lawyer to work on these cases?
I enjoy cases that involve cross-border litigation and forum shopping as it is interesting to look at these cases from an international law perspective. This is especially important as any expert opinion I provide to any forum internationally on UAE law is done with the best interest of a child in mind. These cases also carry heavy weight on a child’s life as they do not only dictate which parent they live with, but where they live.
What do you think will change in the future in this area of law?
Since we do not have a law that recognizes and covers child abduction, we can only provide expert evidence on UAE law in cases to return children here and/or returning children from the UAE to foreign jurisdictions. Our involvement is always restricted to the opinions and evidence we provide. However, we also advise parents on how to maintain the children’s way of life, wellbeing, and environment in a manner that shows the court that the parent who has the child’s custody is meeting the needs of the child or the parent who is providing finances is also caring for the child in that capacity. We also ensure that the best interest of the child is always kept in mind, in which both parents are involved in their own capacity to ensure that the child is not affected by these cases. We do expect that the law in the UAE will be amended to include child abduction (between parents) in the future. Currently, we are not signatories to the Hague Convention, but we do believe that the UAE will considering signing it in due course.
