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family law


July 14, 2016

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How Much of My Late Husband's Property Am I Entitled To?

Question: My husband divorced me and now three months have passed, meaning the divorce has become irrevocable. However, we have reconciled and he now wants to marry me again and I have no problem with that. But my family is angry with him and my father refuses to sign a new marriage contract. What can I do?

Answer: As outlined in article 108 of Federal law no28 of 2005, the Personal Status Law, if your father agreed to your first marriage then you do not need his acceptance to marry the same person again. Therefore you may get married to your former husband again even if your father refuses to sign the marriage contract.

Question: I am a Muslim woman whose husband, who was also Muslim, passed away recently. We have a son and my husband's parents are alive but live outside the UAE. Can you please advise what would be my share of my late husband's estate?

Answer: The inheritance of your late husband's estate will be governed by UAE federal law no28 of 2005, the Personal Status Law. If it is the case that you have one son and your husband's parents are still alive, that means you, as a wife, will be entitled to inherit 12.5 percent of your late husband's estate. In this scenario, your late husband's parents would be entitled to each receive 16.665 percent of his estate. The remaining portion would be your son's entitlement.

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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