الإصدارات / قانون الأسرة

family law


June 30, 2016

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Can I Divorce My Wife If I Have Left the Country?

Question: I previously lived in the UAE and my wife still lives there. I want to divorce her but, since I am not in the country any more, can I authorise someone else to conduct divorce proceedings on my behalf?

Answer: Yes. You may authorise a third party to conduct divorce proceedings on your behalf. As outlined in Article 100 of the Personal Status Law, divorce can be initiated by a man or his special representative. Therefore, to conduct divorce proceedings in the UAE you will need to grant a power of attorney to someone who can act on your behalf.

Question: My brother and I support our parents financially, but he has a higher income than I do. In terms of the law, do we have to contribute the same amount of financial assistance?

Answer: According to Article 82 of UAE Federal Law No28 of 2005, the Personal Status Law, financial support provided to parents is based upon the financial capacity of each son. Therefore the contribution made by each son can be different.

But if one son contributes more than his brother, he cannot reclaim the additional amount paid to his parents unless the amount was paid after a court decision was made against them.

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 expat 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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