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family law


May 11, 2017

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I want an amicable divorce but don't know what to discuss with husband

Question: I want to have an amicable divorce from my husband but I am a European woman and he an Asian Muslim man, so I'm not sure what points I should discuss with him.

Answer: To have an amicable divorce, it is key to agree upon any potential issues that could create conflict in the future. Although you have the right to agree only on divorce, it is always advisable to think about the answers to pertinent questions and to get them outlined in your divorce agreement. Typical questions that come up could include the following: Who will have custody of the children? Who will keep the children's passports? Are the parties ready to waive their rights to put a travel ban on their children in the future or not? What is the agreed amount of child maintenance? What will happen if the mother plans to relocate to her home country with the children? What will happen if the father is planning to leave the country permanently? There are a multitude of other questions that may be relevant but will vary from case to case, so it is advisable to consult a lawyer if you want to be advised on more specific details relevant to your situation.

Question: My husband is cheating on me. I want to know what the potential sentence would be should he be found guilty of adultery.

Answer: In accordance with Article No. 356 and 121 of UAE Criminal Law No 3 of 1987 and its amendments, the punishment for such a crime is a jail term of not less than one year and permanent deportation. It is important to bear in mind that, in general, the judge has the power to reduce the jail sentence but has no discretionary power to remove the deportation order should the person be found guilty.

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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