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.

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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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