family law


August 31, 2017



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I Want Divorce But Husband Says He Won't Cancel My Visa

Question: My husband and I are both Asians but are Muslims who live in the UAE. He sponsors me and although I want to divorce him, he said he is not ready to cancel my visa. What should I do? Should I just leave without getting my visa cancelled? Can I get a travel ban if I do that?

Answer: This situation will be sorted out simply as once you have filed for divorce and it becomes irrevocable after the mandatory three-month waiting period, your ex-husband will not be able to sponsor you any longer. This means that once you're divorced, you will be able to file a request with immigration to cancel your residence visa. Once they have seen a copy of your divorce judgment they will act to revoke your visa status.

Question: I am a Muslim man who was married to a woman of a different religion but, unfortunately, she died recently. She left behind a few properties and assets, all of which are in the UAE. Is it possible to let me know if I can inherit her assets and how much of it I might get?

Answer: Unfortunately, there is little you can do. Article 318 of the Personal Status Law states simply, and without exception, "there is no inheritance if religions are different". That means that even if you were to seek a share of your late wife's assets, the court would be prohibited from granting you such inheritance due to this law.

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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Hi ? i want to seek an advise. I want to separate with my husband because i caught him cheating on me . But he refuses and doesnt want me to leave.. i really wanted to be separated from him . I am tired with the stressed his giving me emotionally and mentally sick . What should i do?
Thank you for your comments. Under the UAE Penal Law, adultery is a criminal offence and can be initiated by the spouse. However, the prosecution and the court have the highest discretion in evaluating the matter based on the validity and admissibility of the evidence. Adultery can also be used as a ground for divorce in cases of contentious divorce. Since the new family law for non Muslims provides for a no fault divorce, one may not need a ground for divorce - nevertheless, such issues can be used to claim alimony, especially as the resulting cause of divorce was the other party's conduct. It is advisable to discuss this matter with a family lawyer, so that he can guide you on the way forward.   Dr. Hassan Elhais
My husband sponsored my UAE visa, I am currently pregnant and want divorce from him after delivery. I returned back to my home country. Can I cancel my sponsored visa before divorce? And travel to UAE on visit visa with my baby?
Thank you for contacting us and trust that you are doing well.

As per the UAE laws, a parent should not travel outside the UAE without the consent of the other parent. Therefore, in order to avoid a potential issue of child abduction, it is advisable to meet with a legal consultation to discuss these matters in detail over a consultation meeting.

If you would like to schedule an appointment, please feel free to let us know.   Dr. Hassan Elhais
My wife wants to file for divorce in UAE but she is on a dependent visa and I have a work visa. Can I ask my employer to cancel her visa so she is forced to leave UAE? I would prefer to file for divorce in India as we were married there.
Thank you for sharing the details about your matter and I am pleased to render our assistance to you.

It is important to note that in order to establish jurisdiction before the Dubai Court, the plaintiff needs to provide to the court that the defendant is a resident of Dubai. The plaintiff may do so by providing that the defendant has a residency in the Emirate of Dubai or the defendant is habitually residing in the Emirate of Dubai. The aforesaid is provided as per Article 5 of the UAE Personal Status Law. We would like to schedule a detailed consultation with you to guide you on your legal position and advise you on the appropriate legal recourse at your disposal based on the facts of the matters, which we will unfold during the call, and relative to the legal merits pertaining to your case. If you are not in Dubai presently, we can schedule the consultation for you via a Zoom call. Please provide us with your best availability and we will share the Zoom link with you.

Should you have any questions, please do not hesitate to contact us.   Dr. Hassan Elhais
I want to know how an Emirati man who refuses to work can pay alimony or mantaince for his ex wife and child after divorce ? He is very lazy, just plays videogames and waits a manager job to fall from the sky. It did not fall for the last 8 years. He is not providing a house right now. He asks them to leave with his mother in her house. Both child and wife does not like to live with his mother and other family members. Even he does not give money to the wife , he prevents her to work although she is educated and has a bachelor degree and European Citezenship. According to International Laws , EU citizens can not be prevented from gaining money and to work, as this is a fundamental right. Please advise Mr Hassan.
As per the UAE Personal Status Law, a husband is under an obligation to provide maintenance to the wife and children during the marriage. Maintenance may include, among others, grocery, accommodation, and healthcare.

If you would like to discuss your matter in detail, please feel free to contact us for a consultation meeting.

Look forward to hearing from you.   Dr. Hassan Elhais
Both my husband and I are residents in UAE, Muslims and working. Each one of us is sponsored by his company. My husband threatens me that if I file for divorce, he can revoke my work permit in UAE... saying that my work has impacted our marriage, even though I am sponsored by my company. Can he do that?
As per the UAE Personal Status Law, each party to the marriage may file a divorce application based on their circumstances. The employment of expatriates is governed by the UAE Labor Law. These laws are independent of each other and thus the Personal Status Court may not intervene in employment matters. If you would like to have more detailed legal advice on your matter, it is advisable to meet with a specialist who can share customized advice with you. Please do not hesitate to contact us in order to schedule a consultation meeting in our office.

Once again, thank you for writing to us.   Dr. Hassan Elhais

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