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August 10, 2017|
Question: I lived in the UAE with my husband until he recently divorced me and clearly said that he would not take me back. However, within my waiting period he changed his mind and said he wanted to get back with me but I now want to make sure that the divorce takes place. What can I do?
Answer: Unfortunately, there is little you can do in this situation. Article 108 of the Personal Status Law makes it clear that a husband has the right to cancel a divorce within the three-month Iddat, or waiting period. This is the case even if he said categorically that the divorce would go ahead. The husband has the right to take back a wife during the waiting period and this right cannot be waived or overridden even through an agreement.
Question: I'm a European non-Muslim woman who lives in the UAE and whose husband has filed for divorce and custody of our children. The kids are currently with him and so I have filed a visitation case against him. The visitation and the custody case were joined by the judge to be heard in the same hearing but my husband is delaying the custody case on purpose so that my visitation case also gets delayed and I cannot see my children. Is there anything I can do to see my children before the case is heard?
Answer: Under UAE Federal Law estranged parents have the right to request an urgent, interim visitation order from the courts to see their children while the cases are still going through the court system. The Personal Status Law, Article 135 of UAE Federal Law 28 of 2005, details that an interim order would allow the parent to see their child or children at least once a week until a final judgment has been delivered.
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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