Question: My friend had a child with her boyfriend in Europe before moving to the UAE. They never married but have a settlement agreement from Europe that says the father is allowed certain visitation rights. It also says he must provide financial support towards the maintenance of the child. Can this agreement be enforced in the UAE so my friend can claim maintenance support from the father?
Answer: A physical relationship between an unmarried couple is a crime in the UAE. A child born out of wedlock is evidence that two people had a prohibited physical relationship. Accordingly, any settlement agreement between the parties involved in that relationship shall be considered void in the UAE.
Question: I am currently in the US and my husband lives in Dubai. Can I file a criminal case against him and his girlfriend? I have pictures of the two of them in our bedroom and in our car in Dubai. He also posted a picture of the woman on Facebook but then deleted and denied ever doing it. What can I do?
Answer: To file a criminal case of adultery, you will need to visit the UAE and present solid proof the offence occurred. The prosecution will investigate both your husband and his girlfriend. Only when their guilt is proven without doubt, will they be subject to punishment of up to one year in jail and mandatory deportation from the UAE. The criminal courts have the discretion to decide on the validity of the evidence on record. You can also file for divorce on the grounds of adultery.
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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