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.
Dr. Hassan Elhais publishes analysis of UAE family law matters, including divorce, separation and related family-law questions. For readers researching divorce lawyers in Dubai, his writing offers insight into the legal questions surrounding these topics. Explore his published work and practice-area information for further context.
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
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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
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
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
Once again, thank you for writing to us. Dr. Hassan Elhais