24/7 Open Support
Contact us now:
Dubai: +97143782013
Abu Dhabi: +97126501211

family law

|

August 31, 2017

|

10270


| Your comment matters, please click here to rate article!


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.

Disclaimer:
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.

Related Links

Family Law Informative Videos

Family Law - Video
He is not your sponsor after divorce
How can I leave the country if my husband is withholding my...
Family Law - Video
Your Divorce Your Choice!
What all types of divorces exist under the UAE laws...

Comments

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?
Annabelle
2023-03-10
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?
Zoya
2021-10-05
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.
Thomas
2021-09-13
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.
Mariam
2021-04-12
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?
zahra
2019-11-04
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

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 had the pleasure of consulting with Dr. Hassan AlHais, and I must say the entire experience was exceptional.The reception and meeting area were impeccably clean, quiet, and managed to the highest standards, creating a welcoming and professional atmosphere. View testimonial

Testimonial - Abdullah - Top Lawyer & legal consultant in Dubai, UAE
Abdullah
Client
Verified

His unwavering dedication to his clients, willingness to tackle challenging cases, and belief in the fundamental principles of justice highlight his role as both a guardian and advocate. Dr. Hassan's integrity stands as a testament to his professionalism. Additionally, his foresight and meticulous case preparation, anticipating courtroom dynamics and opposition strategies, not only secure victories but also garner the respect of clients and peers alike. View testimonial

Testimonial - Salam - Top Lawyer & legal consultant in Dubai, UAE
Salam Amir
Client
Verified

Dr. Hassan is brilliant. I have been working with him for more than 15 years. His work product and legal advice are of the highest caliber. Competent. Professional. Knowledgeable. Analytical and strategic thinker. Honest. Without exaggerating, Dr. Hassan is the best family litigator in the UAE. Highly recommend.

Testimonial - Abed - Top Lawyer & legal consultant in Dubai, UAE
Abed Awad
Client
Verified

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.

Testimonial - Raphael - Top Lawyer & legal consultant in Dubai, UAE
Raphael Lauria
Manager, FME General Trading
Verified

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.

Testimonial - Massimo - Top Lawyer & legal consultant in Dubai, UAE
Dr. Massimo Hakim
Chairman, Italian Style
Verified

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.

Testimonial - Manish - Top Lawyer & legal consultant in Dubai, UAE
Manish Gupta
CEO, EDS FZE
Verified

Best lawyer in Dubai.

Testimonial - Aigul - Top Lawyer & legal consultant in Dubai, UAE
Aigul Beishembieva
Client
Verified

Happy with the team of Mr. Hassan Elhais. Knowledgeable on UAE laws and i got the advice i was looking for. Highly recommended!

Testimonial - Mukesh - Top Lawyer & legal consultant in Dubai, UAE
Mukesh Pandey
Client
Verified

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.

Testimonial - James - Top Lawyer & legal consultant in Dubai, UAE
James Horsley
British Client
Verified

Their team of attorneys are not only highly knowledgeable and professional but also incredibly attentive to the needs of the client. They will provide you with a top-notch service every step of the way. The staffs are friendly, responsive, and always kept you informed about the progress of your case. I highly recommend this for anyone in need of legal assistance.

Testimonial - May - Top Lawyer & legal consultant in Dubai, UAE
May Ann Adrias
Client
Verified

...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

Verified

We are extremely happy to note that you won all three cases which we entrusted to you. Your superb handling ensured the result in our favour. We very much appreciate this and feel grateful to you. You not only won the cases, but managed to get the judgement executed without much delay..View testimonial

Chandru Malkani
Client

Verified

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

Verified

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

Verified

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

Verified

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

British Client

Verified

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

Asma Mattar
Manager, Italian Style

Verified

Knowing Dr. Hassan for years now, I can say confidently he is the most trustworthy person I ever met, not only because he is very knowledgeable, smart and has a very high acumen, but also he is very dedicated and buying his clients and interest first..View testimonial

Ahmed Higazy
Client

Verified

I have had nothing but exceptional work from Dr. Hassan, all my family and business related legal work goes to him. Having been in and out of Dubai since 2004 and having wasted money on bad legal advice elsewhere, I feel VERY qualified to say that he is absolutely the best in the UAE. Thank you Hassan.

Rich Firth
Client

Verified

Dr. Hassan is the best lawyer in UAE I have dealt with, he is very professional and has consistently upheld the highest standards of professional ethics, ensuring that my best interests were always at the forefront. I wholeheartedly recommend Dr. Hassan to anyone..View testimonial

Hossam ElDeeb
Client

Verified

Ex UK Senior management now running a busy business in Dubai that requires bulletproof corporate legal contracts that are customised to our unique needs. This includes everything from HR contracts to complex sales agreements. Dr. Hassan has undoubtedly proven to be the best legal expert we have encountered here..View testimonial

Nick Dorney
Client

Verified

Discuss your Family Case





I Agree to Terms and Conditions*

Select your Language:

     

Main Menu

whatsapp