family law

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October 02, 2019

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Can I find out if my fiance is married in her home country?

Question: My fiance and I were engaged a few months ago and now plan to marry in Dubai I want to be sure that she is not already married in her home country. I suspect she had a previous live-in relationship, but I am not sure if they were married. Is there something that I can do to find out the details of her previous marriage, if she was at all?

Answer: As per Matrimonial Proceedings in the UAE, the wife must declare whether she is divorced or widowed. This will reveal to you if she has been married before. The Court Authorised Marriage Officer may also ask the wife to provide an official legalised certificate to prove that she is divorced or widowed, had she previously have been married.

Question: My husband and I are not currently residents of Dubai but my he used to live there until a few months ago. I recently learnt that he would cheat on me while he was there. I discovered photos and videos on his phone of him and a woman he was working with in Dubai. Although my husband is no longer a Dubai resident, he and this woman are still in contact. Can I file a case against her in Dubai to stop her from contacting my husband?

Answer: Adultery is a criminal offence in the UAE. To convict someone of adultery, there must be proof of a physical, sexual relationship outside of wedlock. You can file a criminal complaint in Dubai but you must be in the emirate to do it. The Prosecution and the Criminal Courts have the discretion to decide on the validity and admissibility of the evidence you produce. Know that the Prosecution will investigate the woman and your husband. Since your husband is outside the country, the Prosecution may issue an arrest warrant against him, which can be executed immediately upon his arrival in the UAE.


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