family law


March 23, 2018



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Can I file an adultery case against my husband who visits the UAE with his mistress?

Question: My sister and her husband have been married for 11 years but he is now having an affair. He and his mistress often fly to UAE to spend time together. Now the husband has left my sister with their two children, aged 6 and 8, without any maintenance, no house and no cars. Can she file a case of adultery against him if he visits the UAE as a tourist? It is not clear if the woman - who lives in New Delhi - has a UAE residency visa or not.

Answer: Provided there is sufficient evidence of the husband's adultery, you may file a case under the UAE laws. If the crime is being committed within the UAE, the courts have jurisdiction over the matter according to Article 1,2,3 and 4 of the UAE criminal law.

However, if none of the parties are resident in the UAE, the wife cannot file for maintenance. This is further to Article 5 and Article 6 of the Personal status law.

Question: My fiance and I intend to marry this year. We are both South-Americans but I have an additional European nationality. I own property in Dubai and I am planning on making further investments in property here and abroad. While I don't mind sharing things while we are married, I want to ensure in the event of a divorce I keep the property I own and purchased with my hard work. Is there such a thing as full separation of goods or a pre-nuptial contract in UAE? If not full separation of goods, how can I guarantee that my properties will be fully mine if we ever divorce?

Answer: Unless your country laws are applied, under the UAE Laws, the Civil Laws of the UAE are applied to all assets including property and bank accounts in the event of a divorce. Jointly-owned properties are presumed to be owned 50-50 unless one party can prove that they made a greater financial contribution towards the property.

All assets owned, financed or paid for, and in the name of one party remains in the name of that party. Any party has the right to request the court for the sale of a jointly owned property. Applying this to your case, in the event that you have paid for all the properties registered to you, you will remain the owner in the event of a divorce.

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Hey My husband has been cheating on me. He is on employment visa and i depend upon him for my visa. I am a housewife. I want to know the rights i hold against that woman and my husband
In the UAE adulterous behavior is not only a ground for filing divorce under the Personal Status Law, the act of adultery committed by one spouse empowers the other spouse to file a criminal case against him/her and against their partner in an adulterous relationship. Article 356 of the UAE Penal Code provides that physical relationships out of wed-lock shall be punished up to one year of imprisonment. Furthermore, the court is also empowered to issue a deportation order for the accused charged with the offence of adultery. Accordingly, if you have strong apprehension against your husband cheating on you, you must approach a legal consultant to ascertain the situation and what sort of evidence would be required to prove his guilt.

Should you have any questions, please do not hesitate to contact us.   Dr. Hassan Elhais
I want to know about the cases of adultery my husband have mistress here we are both employment visa here need advice what should i do regarding my problem with my husband thank u
Adultery is a crime punishable under the UAE Penal Code with up to one year of imprisonment and followed by mandatory deportation. The public prosecutor and the criminal courts have the discretion to inquire into the significance of the evidence on record. The prosecution may investigate both your husband and his girlfriend and if convicted, both may be punished. You may approach a lawyer to handle your criminal complaint and you may also file for divorce on the grounds of adultery regardless of whether you decide to file a criminal case or not.

Please feel free to contact us if you need to have a detailed consultation in regard to this matter.   Dr. Hassan Elhais
Hi my ex husband and i has been Together for almost 15 years but sadly we separated last May this year because i found out that he was cheating and had an affair with a thailand girl last early of 2018 and the woman got pregnant and gave birth last march this year. And by the way they met here last year and when he found out that his girlfriend got pregnant he send back her in thailand. I discovered all of this on his phone,first he kept on denying it and 1 day i spoke to my ex and told him that I confirmed the woman is pregnant and he confessed that he’s the father.even though we are separated we still live in 1 roof and we have 1 child and he’s studying here in dubai.My question is do i have a right to ban to entering his girlfriend and his child here in dubai because I discovered that he’s planning to bring and live here.I know the full name of that woman.I hope you will answer my concern.Thank you very much
Adultery is a crime in the UAE punishable under the UAE Penal Code. If proven, the punishment could be imprisonment followed by mandatory deportation. The Prosecution will investigate both your husband and the other woman with regards to the alleged offence. If the woman is outside the country, she may get arrested on arrival in the UAE.

I suggest that we meet in our office for a detailed discussion about your matter. Please share your availability and your best call back number and accordingly we will schedule a consultation with you in our office.   Dr. Hassan Elhais

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