- Legal Articles
- Ask Elhais
July 07, 2019|
Question: The father of my child lives in the UAE. Can I claim child support from him if I do not live in the Emirates?
Answer: If your marriage is or was valid under UAE law and your husband is a resident of the Emirates, you can visit the UAE and file a case against your husband to claim maintenance support from him - as per Article 5 of the UAE Personal Status Law.
The maintenance claim includes child support and can be filed regardless of a divorce case, which means you can seek maintenance support from your husband without filing for divorce.
Question: My husband wants to get divorced but I think his reasons are silly and would like to work on our marriage instead. Can I save my marriage through the Family Guidance department?
Answer: The Family Guidance Department in the Personal Status Court is tasked with the responsibility to amicably resolve family disputes. The Department is equipped with learned family matters experts and they may be able to resolve the issues between you and your husband amicably. If the parties are unable to settle their issues, the Department refers them to the court.
Question: Is it mandatory to attend counselling before I apply for Khula from my husband?
Answer: Khula is a type of divorce initiated by the wife that requires her to return the Mahr, a mandatory payment or gift, her husband gave her before their marriage.
Mahr can be claimed if the husband has not made a mistake in the marriage - such as committed adultery. The wife may have to pay him back for the gift along with compensation, as decided by the court.
If physical violence, verbal abuse or adultery are the reasons behind the divorce, then Khula is not the best choice. It would be recommended that you instead apply for divorce because of the harm you suffered in the marriage. Khula tends to be a better choice if the reason behind the divorce is that the couple simply do not love each other any more and no longer wish to be married. To register any family matter before the Personal Status Courts, it must first be presented to the Family Guidance Department. The Family Guidance Department is located within the premises of the Personal Status Courts. The Department aims to address family disputes amicably. As a result, you will need to attend the Department physically before getting a Khula and will likely have to attend counselling.
Your email address will not be published. Required fields are marked *
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.
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.
...the extraordinary effort that has been exerted by the staff, and we specially thank Dr. Hassan Mohsen Alhais. Wishing your continues success & excellence...
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.
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.
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.
Dr. Hassan Elhais is a responsible, reputable counsel who operates to high levels of service.
Dr Hassan Elhais is responsive, thorough and creative with his advice, and is a valued advisor and legal consultant.
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.
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.
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.