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family law


September 01, 2016

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Can I Divorce My Husband Because He Beat Me?

Question: I am a non-Muslim Asian resident and my husband beat me so badly I needed hospital treatment. I filed a criminal case against him, and the court ruled that he was guilty. Can I file for divorce based on this judgment?

Answer: Yes, you may file for divorce based on the judgment issued by the Criminal Court. Under Article 122 of Federal Law No 28 of 2005, the Personal Status Law, you have the right to file for divorce on the basis of a criminal judgment that proves you have been harmed by your husband. In this case, the beating you have endured from your husband constitutes harm, confirmed by the court, and hence becomes a ground for divorce.

Question: My husband was not financially supporting me after our marriage ended so I got a court order against him that stated that he had to pay me alimony. However, he has since gone back to his home country although he has an apartment here in the UAE. Can I execute the judgment against his apartment?

Answer: According to the Personal Status Law, you have the right to execute the judgment against his apartment. You should be aware, however, that this is not possible if the apartment is under a mortgage.

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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