Answered by Dr. Hassan Elhais Question:
I’m asking on behalf of my sister. She wants to get divorced from her husband who works in Dubai and she is in Egypt. She still has her residency card valid in Dubai. He stopped paying her any monthly allowance since las June. They have a lot of problems and several fight, and it’s impossible to get back together. She wants to file a divorce case in Dubai. How possible is that? She could fly at any time to talk to you and start filing a case if it’s possible!!
Answer:
We are sorry to hear the issues, which your sister is going through with her husband. Since her husband is a resident here in Dubai, therefore regardless of the wife’s residency in Dubai, the wife may travel to the UAE and register a case against the Husband before the Personal Status Courts. We will refert to Article 5 of the Federal Law No. (28) of 2005 (The Personal Status Law), which provides:
The State courts shall have jurisdiction on Personal Status litigations in which citizens, or aliens, having a domicile or residence or place of business in the State, are defendants.
Hope the above information helps you and we are pleased to handhold you through the case.
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 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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