Question: My husband lives in the UAE while our son and I live in our home country. We don't have a resident visa any more because we stayed out of the UAE for more than six months. If I come back to the UAE with my son, can we stay in our rented apartment? My husband says we cannot come and stay in the apartment and if we do he will call the police. He also now has a girlfriend who he has told me about. Can I file a case against them? If I can, do I have to come personally to the UAE or can I do it from my home country? If he files for divorce in my home country, are we still married in the UAE?
Answer: If you have a new visa, even if the apartment is owned by him, you can come and stay because you have a child with him and you are still married. You can file a criminal case against them if you have sufficient evidence. Please bear in mind that you might be asked to attend the hearing. To answer your last question, if the foreign court grants the divorce, you would be divorced everywhere.
Question: I am an Asian woman. My ex-husband has emailed me a scanned, translated copy of our divorce documents, which were processed through one of the UAE courts. However, in order for the divorce to be acknowledged in Asia, we need an authenticated copy of the original one, which my ex-husband refuses to provide me with. Can you guide me on how I can get what is required by the government in my country?
Answer: You are strongly advised to authorise somebody - this person could be a lawyer - based in the UAE, who could attend the courts on your behalf after they receive a legalised power of attorney. Then they can get a true copy of the divorce certificate on your behalf and have it attested by the Ministry of Foreign Affairs in the UAE and send it back to you. The process is not time consuming at all. It might take one or two days to obtain the divorce certificate and to have it attested.
Disclaimer:
The above information might not apply if both parties are non-muslim. Starting from the 1st of February 2023, UAE issued specific family law to be applied between non-muslim expatriate residents in case none of them wanted to apply his/her home country's law in the UAE. To know more information about this law, please feel free to click this link.
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