Publications / Family Law


family law

|

August 26, 2019

|

212 views


Free Download
Guide through Family Court Proceedings
Get in touch
How to book an appointment
Appointing
How to appoint a lawyer

I don't want my husband to take a second wife - can this be in our marriage contract?

Question: I am a Muslim woman and I will soon be getting married. I want to know if I can add a special condition in my marriage contract in the event my husband decides to take a second wife without my consent. Can I request to add certain special conditions as part of my marriage contract to get a divorce should I face such a situation in the future?

Answer: Yes you can. Both parties to the marriage contract may request to add special conditions in their marriage contract, provided these conditions are compliant with Sharia principles. As per Sharia, a Muslim man may have up to four wives, making it is impossible to insert a clause that bans him from taking a second wife. However, you can add a condition that gives the woman the right to divorce from her husband, should he chose to take a second wife without her permission. This condition must be agreed upon by the husband and wife before the marriage contract is signed.

Question: We are a Muslim family and our daughter is about to get married. She wants to know if she can legally protect herself by adding any special conditions to her marriage contract that will increase her Mahr amount if her husband marries another woman without her consent.

Answer: Yes it is possible. Per Article 49 of the UAE Personal Status Law, mahr or dowry must be offered by the husband to the wife before they sign the marriage contract. This can include money or property. The dowry can be immediate, deferred, or partly immediate and partly deferred as agreed by both parties. The deferred part of the dowry is payable to the wife upon divorce. Accordingly, the amount of Dowry and its payment are decided at the time of marriage. A clause that increases the dowry in the event of her husband marrying a second wife without her permission can be added with the consent of the husband. A woman may also request to add a special condition in her marriage contract, which gives her the right to divorce when her husband marries another woman without her consent.

Since the deferred dowry is due upon divorce, the husband is under an obligation to pay the dowry amount to the wife. In this way, the wife shall have the right to seek divorce when the husband marries another woman and she may also demand the payment of her deferred dowry. There is no minimum limit to the mahr but the maximum is subject to the law on dowries. But when the marriage contract is executed outside the UAE, such limitations may not apply.


Comments

No comments found.

Leave a Comment

Your email address will not be published. Required fields are marked *

Want to know more?
Then talk to us.


Client Testimonials

I owe the success of my case to Dr. Hassan's diligent approach. He remained focused, put me at ease and always went the extra mile. Dr. Hassan tirelessly put my case in the best possible light and I cannot thank him enough. I would highly recommend Dr. Hassan - I am grateful to him from the bottom of my heart.

Raphael Lauria
Manager, FME General Trading

Dr. Hassan Elhais is among the best legal consultants I have ever worked with. He has an amazing ability to reduce complex issues into a simple concept that non-legal people can understand. He consistently develops innovative litigation strategies that help us to achieve our ultimate legal goals.

Zhuo Liu
Client

...the extraordinary effort that has been exerted by the staff, and we specially thank Dr. Hassan Mohsen Alhais. Wishing your continues success & excellence...

H.H. Sheikh Saeed Bin
Mohammed Hashir Al Maktoum

I believe everyone should recognize what a difference Dr. Hassan Elhais work has made to people's lives; and especially to our family's life, because we will remain forever grateful to each and every one of his team.

Luis Pozueco
Client

Dr. Hassan Elhais never fears cases that involve exposure and he always gives me his honest assessment of our chances of success, which is invaluable to me.

Bassam Yamout
Director, JM Metal Trading LCC

He aided us not only in providing legal advice but also in all legal issues that required a long term strategic approach to achieve most favorable and optimum outcomes he provided us with high level of professional service.

Philippe Delbecq
Client

Dr. Hassan Elhais is a responsible, reputable counsel who operates to high levels of service.

Anil Relwani
Manager, Luxury Real Estate

Dr Hassan Elhais is responsive, thorough and creative with his advice, and is a valued advisor and legal consultant.

Asma Mattar
Manager, Italian Style

Regardless of the complexity of the matter I know Dr. Hassan Elhais will consider not only legal strategy but also business practicalities in providing advice and litigation options.

Dr. Massimo Hakim
Chairman, Italian Style

I recommend Dr. Hassan Elhais to anyone who says 'I'm in legal trouble'. I was extremely satisfied with the high standard of his work. He has always been there when I have needed him and I refer all my clients, family and friends to him/his firm.

Manish Gupta
Marketing Manager, Express Digital System

Dr. Hassan Elhais was very professional and he listened to my needs. He was very prompt, efficient and always kept me informed. Dr. Hassan Elhais's service was excellent and I would definitely recommend him to friends and colleagues.

James Horsley
British Client

Contact Me







Main Menu

Contact Me